Is it possible to fire to reduce a pregnant woman
Employers are usually not interested in the presence of pregnant women in the state organizations, since the latter do not bring any economic benefits, but create many problems. The labour legislation provides an increased level of protection to such women, one component of which is the prohibition of dismissal on the initiative of the employer. The only exception to this rule is the dissolution of the company, the termination of activities of individual entrepreneur, in which the dismissal of pregnant women is allowed. Reduction same a pregnant woman can not dismiss, that follows directly from the provisions of article 261 of the Labour code of the Russian Federation.
What to expect of the employer in case of dismissal of a pregnant woman?
When the illegal dismissal of a pregnant woman she may make a complaint to the judicial authorities of reinstatement. In this case, the requirement is usually satisfied, which implies for the employer the additional costs and other negative consequences. In addition, even when there is no appeal to the courts most women violation may be detected when carrying out check by Prosecutor's office, labour Inspectorate. In this case also have to restore the employee in accordance with the relevant provisions, to incur certain punishment. So, the organization may be imposed the administrative penalty because the violation is serious enough, has a very specific negative consequences for a pregnant woman.
What threatens the head of the unwarranted dismissal of pregnant women?
Head, causing unwarranted dismissal of pregnant women, including termination of the contract on reduction, can be subjected to a criminal punishment because the act is considered a crime. Responsibility for it is established in article 145 of the Criminal code of the Russian Federation. Sanctions of this article suggest the possibility of appointment of a penalty, the amount of which can be up to 200,000 rubles, compulsory work, the duration of which can be up to three hundred and sixty hours. That is why you should avoid unjustified dismissal of pregnant women, the current law sets rather rigid measures, due to the large number of violations that are allowed against this category of workers.