Can dismiss on maternity leave
A woman who is on maternity leave is under increased state protection. It is precisely with respect to such categories of workers that unlawful actions associated with unlawful dismissal are most often committed, since they bring no economic benefit to the employer. Therefore, Article 81 of the Labor Code of the Russian Federation prohibits the dismissal of employees during the period of their leave. When caring for a child until he reaches a certain age, the employee is also on vacation, so this rule applies to him. Exceptions are cases of liquidation of an organization or a situation in which an entrepreneur terminates his own activity. Under such circumstances, it is simply impossible to maintain the employment relationship, so the contract is terminated.
What are the reasons for dismissal?
The ban on termination of the employment contract during the period when the employee is on maternity leave does not mean that it is impossible to dismiss such an employee. There are other grounds for termination of relations with the employer, to which the described prohibition does not apply. For example, the contract can be terminated due to the occurrence of circumstances that do not depend on the will of the parties. So, if a labor contract was concluded with a woman, which was terminated while on maternity leave, the relevant relationship would also be terminated. In addition, an agreement with the employer can be terminated at the request of the employee at any time, including during the period of decree. The possibility of termination of employment by agreement of the parties is not excluded.
How to defend against illegal actions of employers?
Since the law prohibits only the termination of an employment contract initiated by the employer while a woman is on maternity leave, there are numerous options for violating the rights of workers in this field. Thus, employers of various means often try to persuade women who use the right to leave to terminate an employment contract on an admissible basis (for example, of their own accord). It is not appropriate to succumb to such pressure, and when fixing any illegal actions on the part of the organization, its leaders are recommended to immediately contact the supervisory authorities, including the prosecutor's office, and the labor inspectorate.