Is it possible to dismiss a pregnant woman
State protection of expectant mothers
The labour Code contains provisions on the termination of the employment contract, which are not the same for everyone. In General, we can divide these reasons into four groups: on the initiative of the employer
The law protects expectant mothers from employers ' attempts to remove them from the work on their own. Article 261 of the labor code clearly specifies the list of circumstances entailing the dismissal of any employee. These reasons are liquidation of the enterprise or branch located in another country and termination of activities of individual entrepreneur.
What does this mean in practice? A pregnant employee can be dismissed, when the organization ceased to exist. If we are talking only about changing names or merging of several companies, suspension from official duties for a specified reason to be considered legitimate is impossible. As for the individual entrepreneur it is necessary to consider — not every employer is formally endowed with such status. A natural person is not entitled to use it for termination of the employment contract.
The grounds for dismissal from the law
All other groups of reasons for termination of labor relations involve the options of parting even with a pregnant employee. A woman can apply on their own or to leave work upon agreement of the parties. The same consequences occur as a result of its voluntary refusal to perform his duties in connection with legitimate changes in employment conditions
The dismissal of pregnant women is not excluded, and when the perpetrators of acts that are installed in the appropriate order. This also applies to the breach of the employment contract and absence on a workplace without valid reasons, disclosure of information secrecy, and various misconduct.
In article 83 of the labour code lists the events independently of the will of the parties to require the dismissal even pregnant. Among them is the indication of the onset of legal liability, imprisonment that automatically gives the employer the right to terminate the convict labor contract, so as to fulfill their responsibilities it will not. This category is referred cases when a pregnant employee was a substitute for a temporarily absent colleague or a previously fired worker, restored by the court. If the employer does not produce a dismissal of the expectant mother, he thereby violates a court order or legal rights of another employee. The management with the duty to pick up the other woman in the office with similar or easier work, if any, are the place to be.
Fixed-term employment contract is concluded for a definite period of time and may be terminated when completed, but with a caveat. The woman in the position of authority writing application for extension of such contract until the end of pregnancy. Only at the end of this period the employment relationship can be with her finished. Illegal dismissal from work and other actions of the authorities, contrary to law, the proceedings vozlagaet to the Commission on labor disputes and judicial authorities.