Currently, due to the decline in production, many enterprises are optimizing personnel, which inevitably leads to a reduction in workers. Naturally, different categories of employees fall under the reduction. Many have families, children, and some have pregnant wives who, due to their position, cannot provide for their families. In the article we will tell you whether a husband can be laid off if the wife is pregnant? Does such an employee have additional guarantees?
What does the law say
Men and women are equal in the eyes of the law, they have equal rights, but under certain circumstances, certain categories of workers are provided with additional guarantees. In particular, it is impossible to reduce a pregnant woman, but a man can be reduced. In this situation, we are not talking about discrimination on the part of the employer, because the future dad is not entitled to a number of guarantees that are provided to a pregnant woman by law, therefore, dismissal occurs only for operational reasons.
However, there is an exception to each rule, respectively, and in such a situation, the future father cannot be reduced under certain circumstances, which are given in Article 261 of the Labor Code of the Russian Federation.
Article 261 of the Labor Code of the Russian Federation states that a man is not subject to reduction if he has a disabled child or a minor child under three years old in a family where at least three minor children are brought up, provided that his wife does not work, and the man is the only breadwinner of the family . At the same time, the fact of the wife's pregnancy is not important, the main thing is that young children do not suffer.
Also, Article 179 of the Labor Code of the Russian Federation states that during the reduction procedure, the pre-emptive right to remain in the same position is taken into account. That is, to begin with, the management considers the qualifications and labor productivity of each released employee of identical positions and, with equal indicators, preference is given to family people, as well as employees who are the only family breadwinners or have received an industrial injury at this enterprise.
Of course, it is hard to imagine that all future fathers have pregnant wives who do not work and rest calmly before giving birth. Most women are employed and expect to receive appropriate guarantees, and this fact completely deprives husbands of additional guarantees in case of reduction.
However, one should not forget that the layoff procedure itself is not as simple as it seems at first glance, and the employees laid off as a result of the layoffs have certain rights and guarantees, in case of violation of which, in court, one can be reinstated in their previous position, as well as receive compensation.
In particular, laid-off employees need to know that the employee must be notified of the proposed reduction in writing two months before the dismissal, indicating in the notification not only the date of dismissal, but also offering other vacant positions at the enterprise, as stated in Article 180 of the Labor Code of the Russian Federation. Moreover, the proposed positions may be lower in terms of qualifications or pay, as well as have a different specialization if the employee has an appropriate diploma (Article 81 of the Labor Code of the Russian Federation).
The employee, having received the notification, must familiarize himself with it, put his signature, confirming the fact of familiarization, and also indicate whether he agrees to be transferred to another position. If the notice is not served or the service is delayed, the employee can challenge such dismissal in court leading to reinstatement to his previous position.
Some nuances
On the basis of Article 180 of the Labor Code of the Russian Federation, the employee has the right, after receiving a notice of reduction, to terminate the employment relationship ahead of schedule, without waiting for a two-month period before release, which implies the payment of a severance pay in proportion to the remaining working days. However, there is one nuance in such a dismissal.
The employee to be laid off must indicate in the letter of resignation that he agrees with the reduction and, in connection with the current situation, asks to terminate the employment contract ahead of schedule on the basis of Article 180 of the Labor Code of the Russian Federation. This wording is very important, since they can be fired at their own request, depriving the employee of the right to severance pay and the opportunity to register with the Employment Service.
After dismissal, the reduced employee must register with the employment service within 14 days, which will give him the right to receive severance pay after two months from the date of dismissal, provided that he will not be employed.
Upon presentation of a work book without a new employment record, the former employer will be required to pay the employee another average monthly salary.
Also, on the basis of Article 140 of the Labor Code of the Russian Federation, the employer is obliged to make a full cash settlement with the employee on the last working day. This amount includes:
- salary since the last payment,
- compensation for all days of unused vacation (both main and additional),
- severance pay in the amount of average monthly earnings.
If the settlement employee is not paid within the prescribed period, both administrative and criminal liability may be applied to the employer.
№ 401570 Elena Astrakhan
The husband worked in the organization for 20 years as a driver. They have four driver positions in the organization. An order came to reduce two positions of drivers and the husband was laid off. We consulted...
The husband worked in the organization for 20 years as a driver. They have four driver positions in the organization. An order came to reduce two positions of drivers and the husband was laid off. We consulted a lawyer and we were told that they did not have the right to reduce him, because dependent wife is not working and two children (one is 7 years old, the other is 1.5 years old). The lawyer said that there are still employees who can be fired, because they already have children over 18 years old. The husband turned to the personnel department on this issue , they replied that they had an order to reduce two drivers on duty. The fact is that the husband and his partner work on a duty car, and two other employees work on ordinary cars. But in the work books everyone has the position of just a driver. Therefore, I think that there is no difference whether the driver is on duty or not, right? Tell me please, do they have the right to lay off my husband, because at the moment he is the only breadwinner in the family?
Hello!!! We really hope that you will help us!! Please tell us what to do??!! 12 years ago, my parents bought a house, but the hostess didn’t give receipts and documents, she said that let’s give money, and for now I’ll do the paperwork, and she disappeared for 12 years, since we decided to find her through the court and sue the house, since we have witnesses that that we actually bought it. but we lost the court because they didn’t even listen to our witnesses, How can we prove that we really bought it and the hostess received a certain amount from us, since now she just wants to evict us. Can she do this if my family and I have been registered here for 12 years --- husband, mother, me and 2 small children
Hello! please tell me whether my husband can be fired or reduced if I do not work (I receive child care benefits in social security, I do not receive unemployment benefits) and we have a child of 8 months.
The dismissal of an employee at a time when his wife is on maternity leave is especially difficult to survive.
Indeed, in this happy, but at the same time very exciting period, the family will face considerable expenses, and their income will be significantly reduced.
You can learn about whether a husband can be fired if the wife is on maternity leave from this article.
Do they have the right to fire an employee whose wife is on maternity leave? It is well known that an employee who has gone on maternity leave cannot be fired by the management of the enterprise, except perhaps in the event of the liquidation of the enterprise.
That is why almost all women are sure that this benefit also applies to the breadwinner of the family.
Unfortunately for them, this is far from the case. The fact is that the maternity husband is an ordinary employee, which means that he does not enjoy privileges, therefore he has the right to be reduced on the same basis as any other employee, even if his wife is on maternity leave.
The legislation of the Russian Federation has established a list of reasons why the management of an enterprise can dismiss an employee against his will (according to Article 81 of the Labor Code of the Russian Federation).
The list of citizens who cannot be reduced at the initiative of the employer is contained in Article 261 of the Labor Code of the Russian Federation.
For the application of the above article, the fact that a wife is on maternity leave is not in itself a good reason for the application of privileges and benefits.
Dismissal in 2019 - legislative framework
Article 179 of the Labor Code of the Russian Federation determined the circle of persons who have advantages during the reduction. In this case, labor productivity is taken into account first of all.
If it is equal, then the advantages are:
The collective agreement may contain an indication of other employees who will be able to take advantage of the privileges in the event of a reduction. An employee whose spouse is on maternity leave should also familiarize themselves with it.
According to the above list, employees with two or more dependents enjoy benefits when reducing the number of employees. What is meant by this expression?
The Family Code stipulates that family members without a stable income who need material assistance should be considered dependents: husband or wife, minor children, father or mother, other relatives.
If an employee found out about the upcoming reduction, then he should provide the commission that deals with this issue with documents that confirm his advantages: for example, his wife's work book, birth certificates of children.
A man cannot be fired if he is the only breadwinner in a family with a child under 3 years old or with a child under 18 years old if the latter has a disability group.
This paragraph of the code is valid only if the wife did not have a job before maternity leave.
If the spouse went on maternity leave from work, from where she receives regular payments, then her husband in this case cannot be the only breadwinner in the family, therefore this paragraph of the Labor Code will not help him in any way when reducing the staff.
Of course, even from this situation, you can find a very real way out: before being fired, a man can have time to go on maternity leave. Husbands have this right, and wives can always return to work from maternity leave.
Then, after the spouse leaves to work after maternity leave, they will not be able to fire him for some time until a suitable reason is found.
The disadvantage of this method is that the relationship with the employer is likely to be spoiled, therefore, while on maternity leave, a man may look for a suitable new job.
The same method can be used if the employment contract ends and there are no prospects for its extension. If an employee is on maternity leave, they cannot be fired, and the contract is automatically renewed for 1 year.
If a subordinate has committed a gross violation of his duties at work, then he can be fired, even if the employee has a child under 3 years old (paragraph 6, article 81 of the Labor Code of the Russian Federation).
In this case, the employer will be able to terminate the employment agreement even with a single father or mother.
So, article 81 of the Labor Code contains a list of the following offenses:
- committing theft, damage or embezzlement of property at the place of work;
- presence at the workplace in a state of alcoholic or drug intoxication;
- disclosure of secrets protected by law;
- repeated refusal to perform their direct duties;
- non-compliance with labor protection rules, which entailed serious consequences;
- providing falsified documents during employment.
The following cases are absent:In addition to this, dismissal at the initiative of the management of the enterprise is possible upon absenteeism.
At the same time, it should be borne in mind that evidence of absence from the workplace for good reasons can be provided even after missing work.
Consider a list of good reasons for this:
- participating in a strike;
- emergency (hurricane, fire, earthquake);
- disease;
- the employee's relative was taken to the hospital;
- medical examination.
Based on this, if an employee did not come to the place of work, but then provided a certificate from the hospital or wrote a good reason for the delay in an explanatory note, then he should not be fired.
If the employee is nevertheless subjected to dismissal as a measure of disciplinary action, then a special procedure must be observed:
If the judicial authority establishes that at least one of the above points has not been fulfilled, then the employee must be reinstated, and the employer may be charged a certain amount for moral damage in the event of illegal dismissal.
In addition, the Labor Code of the Russian Federation provided for the possibility of terminating an employment contract due to circumstances that do not depend on the will of both parties.
Thus, article 83 of the Labor Code provides a list of good reasons:
Thus, the analysis of labor legislation helps to come to the conclusion that the employer has a large list of grounds for terminating the employment contract, while the presence of a spouse who is on maternity leave does not give the employee any benefits or privileges.
If the citizen does not agree with the dismissal and believes that there are actually no grounds for terminating the contract with him, then he has the right to file a complaint with the authorized bodies (labor inspectorate, prosecutor's office and / or court) in order to protect his rights. The bukva-zakona.com portal reminds that an employee can be fired if it becomes necessary to reduce staff, but not always. If we talk about the reduction, then in the first place, the right to keep their jobs in this case belongs to citizens with higher productivity and qualifications. If they are equal, then the employer should give preference to:
- Citizens who have 2 or more dependents
Dependents include disabled relatives who are fully supported by a citizen or who regularly receive assistance from him, without which their existence will be difficult.
Can the management of the company fire the husband when the wife is on maternity leave?
- disclosure of secrets protected by law;
- non-compliance with labor protection standards, which led to serious consequences;
- repeated refusal to perform their duties;
- providing falsified documents when applying for a job.
In these cases, dismissal is applied as a measure of disciplinary action, therefore, a special procedure must be observed:
- The presence of documentary evidence of the guilt of the employee.
- A written explanation from the employee or a document confirming the refusal to give explanations.
- Dismissal no later than one month from the moment when the management became aware of the guilty actions of the employee.
If the court finds that one of the points is not fulfilled, then the employee will be reinstated, and the employer can recover moral damages for illegal dismissal. Article 83 of the Labor Code of the Russian Federation.
Does an employer have the right to lay off a husband if the wife is on maternity leave?
So, an employee can be fired if:
- Company liquidation.
- If he does not fit his position.
- Change of ownership of the company.
- Failure to perform official duties repeatedly (but only if there is a penalty - a reprimand or a remark).
- Violation of labor duties once, but if it is gross. Such violations include:
- The appearance of an employee at his place of work (on his work shift / day) in a state of intoxication (it does not matter - narcotic, toxic or alcoholic).
- absenteeism, i.e.
the absence of an employee at the enterprise without good reason during the entire shift or more than 4 hours in a row (previously it was total). - Disclosure of a secret that became known to a citizen in the course of his work.
Is it possible to dismiss the sole breadwinner in the family if the wife is on maternity leave?
My wife is just on maternity leave 9 she is in my staff in general). So I thought up a threat that you would go on maternity leave. I wrote two statements, one on maternity leave, the other for dismissal by agreement of the parties. That's so little bloodshed.
while others were fired under the article! So much for Belarusian capitalism, if 70-90 percent of the staff leaves! azzy 30:03:2010, 22:28 » The question is this. My husband's contract is ending. They refused to renew it with him .. What does the legislation say about this if I am on leave to care for a child under 3 years old (baby is 8 months old) .. That is, my husband has a dependent wife and a small child, and he is actually thrown out into the street ... moreover he found out about it 2 weeks before the expiration of the contract ...
DARINA 31:03:2010, 16:26 » I'm sorry, but they acted legally. You can approach the head of the organization and discuss this issue with him, that you have such a situation.
At the same time, it is important to take into account that the fact of theft must be recorded, and the data must be transferred to law enforcement agencies, and only after the case is considered by the court and the sentence comes into force, the employer can dismiss.
- Violations of labor protection in the event that they entailed sufficiently serious negative consequences, namely, an accident or an accident.
- In the event that there has been a loss of confidence on the part of the management of the enterprise.
- The commission of an act that is considered immoral, when a person, by virtue of his labor duties, performs educational functions.
- If it is revealed that during employment, the employee provided fake documents (for example, a certificate of education).
In all of the above cases, the employee will be fired - regardless of whether he has a pregnant wife or not.
Can a husband be fired if the wife is on maternity leave with a second child
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Pages: 12 2 rniaginia 01:11:2009, 01:49 » The question is very tormenting. Do they have the right to fire my husband from work if I'm on maternity leave? Since the family is deprived of the main source of income.
I heard that they can't. Is it true? « Last Edit: 29:12:2011, 15:19 by North Star » Nadya 01:11:2009, 11:56 » Very sorry, but they can. They can’t only if he is on a contract without his consent, without the presence of misconduct (absenteeism, theft of property, drunkenness ...).
For most families, the period when the wife is on maternity leave is one of the most difficult financially, because. in fact, only the husband carries out labor activity. But does the employer have the right to dismiss the employee in this situation? Consider below.
In accordance with the Labor Code of the Russian Federation, the employer does not have the right to fire a pregnant woman, as well as an employee who is raising children under the age of 3 or a child under the age of 14 with a disability. The same applies to other citizens who raise a child without a mother - on their own.
Info
However, the employer may dismiss a man whose wife is on maternity leave if there are good reasons for this. A complete list of such grounds is specified in the labor code.
Can a husband be fired if the wife is on maternity leave with a second child in Belarus
Only we, women, can cook soup with one hand, wipe the dust with the other, watch the children with one eye, the Internet with the other, mop the floor with our feet and at the same time support the phone with our shoulder and say to a friend: ‘No, you don’t distract me at all! Byaka 05:04:2010, 13:18 » Quote: azzy from 30:03:2010, 22:28 The question is this. My husband's contract is ending. They refused to renew it with him .. What does the legislation say about this if I am on leave to care for a child under 3 years old (baby is 8 months old) .. That is, my husband has a dependent wife and a small child, and he is actually thrown out into the street ... moreover he found out about it 2 weeks before the expiration of the contract ...
From the Labor Code of the Republic of Belarus Article 38. Termination of a fixed-term employment contract. An employment contract concluded for an indefinite period (paragraph 2 of Article 17) is terminated upon expiration of its term.
…. So, alas, the law in relation to your husband is not violated.
Can a husband be fired from work if the wife is on maternity leave? The employer has the right to dismiss the employee from office on the grounds provided for by labor legislation. However, the Labor Code contains certain exceptions for persons who have family obligations.
To whom are privileges and guarantees granted?
What is maternity leave? The legislation does not contain such a term as "maternity leave", this concept is used in colloquial speech, and not in legal terminology. The legislation divides maternity leave into two social leaves, which are granted to a woman one after the other:
- Vacation period for pregnancy and childbirth with the issuance of a temporary sick leave, this period lasts 140 days.
- Leave to care for a child under the age of three.
Maternity leave is granted to a woman regardless of whether she has an employment relationship with an employer or is unemployed.
Article 261 of the Labor Code of the Russian Federation.
The list of persons who are not subject to dismissal at the initiative of the employer is established in article 261 of the Labor Code of the Russian Federation. For the application of this article, the fact that the wife is on maternity leave in itself is not a basis for the application of benefits and privileges.
An employee cannot be fired only if he is the only one who supports a large family with three or more children. The age of one of the children must be under 3 years old, if the child has a disability, then the age must be no more than 18 years old. In this case, the wife should not be in an employment relationship.
If the employee belongs to the persons specified in Article 261 of the Labor Code of the Russian Federation, then the employer does not have the right to reduce him or dismiss him due to insufficient qualifications. In the event that an employee holds the position of a manager or chief accountant, then when the owner of the enterprise changes, the new owner does not have the right to terminate the contract with him.
Grounds for dismissal
Article 81 of the Labor Code of the Russian Federation.
Article 81 of the Labor Code of the Russian Federation. Continuation.
Although there are certain guarantees for employees who have family obligations, the employer may dismiss an employee on other grounds that are not covered by benefits and guarantees.
For reference! If the organization is liquidated, then the employment relationship is terminated with all employees.
The employee is subject to dismissal due to the guilty actions that he committed. Article 81 of the Labor Code of the Russian Federation contains a list of such offenses:
- absenteeism;
- presence at work in a state of intoxication;
- committing theft, embezzlement or damage to property at work;
- disclosure of secrets protected by law;
- non-compliance with labor protection standards, which led to serious consequences;
- repeated refusal to perform their duties;
- providing falsified documents when applying for a job.
In these cases, dismissal is applied as a measure of disciplinary action, therefore, a special procedure must be observed:
- The presence of documentary evidence of the guilt of the employee.
- A written explanation from the employee or a document confirming the refusal to give explanations.
- Dismissal no later than one month from the moment when the management became aware of the guilty actions of the employee.
If the court finds that one of the points is not fulfilled, then the employee will be reinstated, and the employer can recover moral damages for illegal dismissal.
Article 83 of the Labor Code of the Russian Federation.
The Labor Code of the Russian Federation provides for the termination of labor relations for circumstances that do not depend on the will of the parties. Article 83 of the Labor Code of the Russian Federation lists such reasons:
- conscription into the army;
- recognition by the court of the employee as completely incompetent;
- occurrence of emergency circumstances;
- reinstatement of an employee who was illegally dismissed from work;
- punishment, due to which it is impossible to continue work;
- deprivation of special rights or permits necessary to perform labor functions for more than 2 months.
After analyzing labor legislation, we can conclude that the employer has a large list of grounds for terminating employment relations, while the presence of a wife who is on maternity leave does not affect the employee's leaving work.