임신 한 여성의 해고 절차

다음으로, 우리는 해고 절차와 필요한 문서를 더 자세히 고려합니다. 우리는 해고를위한 몇 가지 옵션을 분석하고 각 조건과 해고 절차에 대해 설명 할 것입니다. 또한 직원을 해고하는 방법에 대한 기사를 읽고 해고를 합법화하십시오.

기업 청산 중 임산부의 해고

해고는 재구성, 법인의 변경 또는 부서의 해산이 아니라 청산에 의해 정확하게 가능합니다. 기업 청산 날짜는 통합 주 등록부에서 제외 날짜로 간주됩니다. 임산부를 다른 장소로 옮길 수 있다면, 그녀를 기각하는 것은 엄격히 금지되어 있습니다.

• 기업 청산 2 개월 전에 직원에게 경고해야합니다.
• 전액 퇴직금을 지불했습니다 (평균 월급과 동일);
• 청구되지 않은 휴가 급여는 지불됩니다.
• 평균 급여는 직원이 새로운 직업을 찾을 때까지 지불되지만 2 개월을 넘지 않아도됩니다.
• 여성은 임신과 출산에 대한 사회적 혜택을받을 자격이 있습니다.

자신의 이니셔티브에서 임산부의 해고

• 직원은 계획된 출발 14 일 전에 자신의 자유 의지 종료 신청서를 제출합니다.
• 명령이 발행되며 (양식 번호 T-8), 프레젠테이션 날짜와 함께 "직원의 신청"은 기준으로 표시됩니다.
• 러시아 노동법 제 77 조에 따라 노동력에서 해고 기록이 이루어집니다.
• 14 일의 작업은 병원 치료를받지 않으면 필수입니다 (이 경우 문서는 소포에 의해 발송됩니다);
• 혜택은 지불되지 않습니다.

당사자의 계약에 의한 고용 계약 종료

• 서면 계약이 작성되었습니다.
• 명령이 발행됩니다 (양식 번호 T-8);
• 러시아 노동법 제 78 조 제 1 항에 따라 해고 통합 문서에서 항목이 이루어집니다.
• 전체 급여가 지급됩니다.
• 합의에 의한 운동;
• 혜택은 발행되지 않습니다.

해고 이유

회계사가 발생하는 무단 급여는 세금이 부과되지 않습니다

최고 회계사가 고용 계약에 명시된 것보다 더 많은 금액으로 급여를 정기적으로 양도 한 경우, 그러한 초과 금액은 기여 데이터베이스에 포함되지 않습니다.

전자세 및 기부 요건 :새로운 추천 규칙

최근 세무 당국은 예산에 대한 체납금 지불 요건을 업데이트했습니다. 보험료. 이제 TCS에 그러한 요구 사항을 보내는 절차를 조정할 때가 왔습니다.

정착 시트를 인쇄 할 필요는 없습니다

고용주가 종이로 직원에게 급여를 발행하는 것은 결코 필요하지 않습니다. 노동부는 이메일로 직원에게 보내는 것을 금지하지 않습니다.

"물리학 자"는 은행 이체로 상품에 대한 지불금을 양도 - 수표를 발행해야합니다

은행을 통한 은행 송금에 의한 상품에 대한 판매자 (회사 또는 개인 기업가) 지불 한 개인이 금융 부서는“물리학 자”구매자에게 계산원의 수표를 보내야한다고 금융부는 말했다. p>

지불 시점의 상품 목록과 수량은 알려져 있지 않습니다. 현금 영수증 발급 방법

상품의 이름, 수량 및 가격 (Works, Services) - 현금 영수증 (BSO)의 필수 세부 사항. 그러나 사전 지불 (사전)을 수령하면 상품의 양과 목록이 결정하기가 불가능합니다. 재무부는 그러한 상황에서해야 할 일을 말했습니다.

컴퓨터에서 일하는 사람들을위한 건강 검진 :필수 여부

직원이 근무 시간의 50% 이상 동안 PC와 함께 작업 하느라 바쁘더라도, 이것은 그 자체로 의료 검사를 위해 정기적으로 그를 보내야 할 이유가 아닙니다. Everything is decided by the results of certification of his workplace according to working conditions.

Compared to previous years, modern labor legislation certainly protects a woman more reliably from the arbitrariness of her employer and guarantees her certain rights. But nevertheless, sometimes there are cases when pregnant women are dismissed, and on completely legal grounds. Despite the fact that these cases are, rather, an exception to the norms established by law, it will not be superfluous to learn more about them.

Dismissal due to the expiration of the employment contract

An employer does not have the right to an employee, even if the term of her employment contract has expired. According to the law, the employer is obliged to extend the labor contract, thereby preserving the pregnant woman's workplace. The duties of a working expectant mother include providing the employer with a certificate of pregnancy and a statement.

A certificate that confirms pregnancy, the employee must provide her employer at the first request, but no more than once every three months. At the end of pregnancy (if the contract has expired by that time), the employee may be dismissed by the employer legally.

Dismissal of a pregnant woman who replaced an absent employee

If the term of the employment contract of an employee who temporarily works at the enterprise has expired, the employer has the right to dismiss her. This norm of the Labor legislation applies to pregnant women, however, the employee is “in position”, the employer is obliged to offer another position.

This can be either a vacant subordinate position or a position corresponding to her qualifications. The dismissal of a pregnant woman is possible only if she refuses this offer or if the company does not have positions that can be fulfilled by a woman “in position”.

Another case where an employer can dismiss a pregnant woman legally

The dismissal of a pregnant employee is possible in the event of the complete liquidation of the enterprise, its branch or representative office. Upon dismissal of an employee, the enterprise must pay her monetary compensation, the amount of which corresponds to one monthly salary and two monthly salaries for the period of job search.

It is important to know that employees of enterprises that have been liquidated are entitled to all social payments for child care.

The general procedure for the interaction of the employer and the pregnant employee is spelled out in "Features of the regulation of labor of women, persons with family responsibilities." It provides guarantees for pregnant women in terms of vacations, business trips, overtime and dismissal. In particular, it states that termination of the employment contract with a pregnant woman at the initiative of the employer is not allowed. Action h. 1 Article The Labor Code of the Russian Federation applies to all women, including the heads of organizations, athletes, coaches, civil and municipal employees - those whose work is regulated by special labor law standards (paragraph 26 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 28, 2014 No. 1).

The only possible exception is formulated in the same art. Labor Code of the Russian Federation:to dismiss a pregnant woman at the initiative of the employer is possible only in the event of liquidation of the organization or upon termination of activity by an individual entrepreneur. It would seem that everything is true:pregnant women cannot be dismissed. However, in practice, employers find legal ways to part with such employees.

Dismissal on their own or by agreement of the parties - what to choose?

Labor legislation does not restrict the pregnant employee in the right to leave the employer on her own initiative. And for the leader this is a chance to resolve the issue peacefully. Agreeing with the employee on such dismissal, the manager can meet her and let her go without a mandatory two-week “working off”. It is important to remember that the employee must write a letter of resignation on her own, of her own free will, threats and coercion on the part of the employer are unacceptable and are punishable by law.

Another option to leave peacefully is dismissal by agreement of the parties (Art., Labor Code of the Russian Federation). At the same time, both the employee and the employer may act as the initiator. In this case, the employment contract may be terminated at any time determined by the parties (Article of the Labor Code of the Russian Federation, paragraph 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation).

The employer and employee sign an agreement where they express a mutual desire to leave, indicate the amount of payments, including compensation, which the company lists, the terms for completion of cooperation and other important conditions for the parties. In this case, the employee may not write a letter of resignation, just one agreement.

Please note:if a woman agrees to quit on her own, she does not receive any additional payments, except for calculation and compensation for unused vacation.

Also, by mutual agreement, the agreement can be canceled (paragraph 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation). But the employee may refuse to fulfill the agreement unilaterally if she found out about her pregnancy after signing the agreement. This is one of those pitfalls that the employer should always remember.

If the contract has expired?

The expiration of an employment contract (clause 2 part 1 of article 1 of the Labor Code of the Russian Federation) is not the most difficult reason for dismissing an employee, but only if it is not a pregnant woman. In order for an employer to fire such an employee, two conditions must be fulfilled (Part 3 of Art. Of the Labor Code of the Russian Federation):

- An employment contract must be concluded only for a certain period - for the duration of the duties of another (absent) employee;

- transfer from her consent to another work available to the employer and not contraindicated for health reasons should be impossible.

Prior to dismissal, the manager is obliged to offer the pregnant employee a different job:vacant positions corresponding to her qualifications, as well as lower positions or lower-paid work that a woman can perform taking into account her state of health.

중요한! Jobs should be located in the same area, unless otherwise provided by the collective agreement or other internal documents (part 3 of article of the Labor Code of the Russian Federation).

If a pregnant woman has agreed to one of the proposed vacancies, the employer extends the validity of her employment contract until the end of the pregnancy, and regardless of the reason for her termination:childbirth, early miscarriage, medical interruption, etc. (part 2 of article TK RF, paragraphs 1, 3, paragraph 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated). A woman must confirm her pregnancy with a medical certificate at the request of the head, but not more than once every three months.

Is it possible to dismiss a pregnant part-time worker?

Another difficult case is if a pregnant woman works part-time. Often this is a temporary solution and the employer plans to accept a permanent employee for a combined position. An article of the Labor Code of the Russian Federation provides that an employer may terminate a termless employment contract with a part-time job when a new person is hired for this position, for whom this position will be the main one.

What to do with a pregnant woman? It is impossible to dismiss her, since labor legislation unequivocally interprets this situation as dismissal at the initiative of the employer, which means that it falls within the scope of Part 1 of Art. Labor Code of the Russian Federation.

How to change the terms of the contract with the pregnant?

The prohibition to terminate the employment contract with pregnant employees established by Part 1 of Art. Labor Code of the Russian Federation, applies to cases of dismissal at the initiative of the employer. The unwillingness of the employee to continue working in the organization, because the conditions of the labor contract have changed (clause 7, part 1, article 1 of the Labor Code of the Russian Federation), does not apply to such cases. However, the employer must be prepared to prove that organizational or technological changes were necessary and the new working conditions did not worsen the position of the employee. The absence of such evidence makes the dismissal under paragraph 7 of Part 1 of Art. The Labor Code of the Russian Federation is unlawful (Clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

We have already written in detail about the procedure for amending an employment contract in ours. We add only that the procedure is the same for all employees, without exception.

Are pregnant women subject to downsizing?

Reduction of the organization’s staff is an initiative of the employer, which means that dismissal of a pregnant woman on this basis is impossible, such errors are punishable by fines in accordance with Part 1 of Art. Administrative Code of the Russian Federation. In addition, for the unjustified dismissal of a pregnant woman, Art. The Criminal Code provides for criminal liability.

And if the company is liquidated?

This is the only reason for dismissing a pregnant employee if the initiative comes from the employer. And in this matter, the procedure will not be any different from the dismissal of other workers.

If the organization plans to curtail its activities, it is obliged to inform all its employees about it two months in writing, under signature. And on the last day of their work, pay cash compensation for all unused holidays (part 1 of article of the Labor Code of the Russian Federation), as well as severance pay in the amount of average monthly earnings (part 1 of article of the Labor Code of the Russian Federation). Within two months (in exceptional situations - three) after dismissal, each employee receives a benefit from the former employer the size of the average monthly salary.

중요한! Do not confuse the closure of the branch and the liquidation of the enterprise. If the employer stops the work of a unit, he is obliged to offer a pregnant employee a transfer to another department or head office.

Should a pregnant woman abuse her position?

Pregnancy does not reduce the burden of an employee, does not exempt her from the need to comply with the organization’s internal labor regulations and labor legislation. If the expectant mother violates the discipline, she can, like any other employee, be brought to disciplinary responsibility - to declare a comment or reprimand. But it is impossible to dismiss such an employee, even if it is a matter of multiple / gross violation of labor discipline:absenteeism, lateness, non-fulfillment of labor duties, etc.

And this is the case when the employer may be in a hopeless situation. The only measures of influence that are available to him are remark and reprimand. In order to bring a pregnant woman to justice, it is necessary to fix the violation, obtain a written explanation from the employee (or draw up an act of refusal of explanations with the signatures of three witnesses), assess the gravity of the misconduct and its circumstances, and only then determine the type of punishment and issue an order.

In addition, absenteeism and serious delays without good reason, the personnel specialist can add to the timesheet, then this will affect the wages of the offender and the amount of the allowance. But for this, the leader must timely, in the presence of witnesses, draw up an act on the absence of an employee at the workplace. And do it for each truancy.

We do not urge you to look for loopholes in the law in order to part with a pregnant employee. We tell you:yes, there are options to do this in a legal and peaceful way, but be extremely careful. Indeed, in the event of the unjustified dismissal of a pregnant woman, the employer faces liability up to criminal liability. Make arrangements with employees, look for compromises and correctly execute all documents.

Can a pregnant woman be fired from work? - An issue of concern to tens of thousands of working women. Why it is unprofitable for enterprises to have maternity workers in the state, and how to properly implement the process of dismissal - we will understand the intricacies of labor relations.

The state guarantees pregnant women protection at the legislative level against non-legal actions of superiors. Failure by the employer to comply with the prescribed standards for this category of subordinates may become a reason for bringing him to justice, up to criminal.

Why, then, do many managers consider preserving the workplace for the decretcher too troublesome and try in various ways to remove such an employee from the company?

The arguments they justify are as follows:

• additional expenses that fall on the shoulders of the employer - compensation payments, sick leave, deductions to the social insurance fund (they have to wait several months to reimburse the state);
• decreased performance of the pregnant woman (it is often necessary to shift part of the responsibilities assigned to her to other colleagues or transfer her to easier work);
• searches for temporary replacement staff for the period regulated by the employee's vacation code.

Therefore, the practice of dismissing pregnant women workers is widespread among businessmen. Legitimate ways to resolve the issue below.

Dismissal of a pregnant woman of her own free will

The most correct way to say goodbye to a subordinate. If the parties part without mutual claims, the person expresses his own, and not the will imposed by the boss, all questions disappear.

It is important that the pregnant woman knows:she can change her decision within two weeks from the date of application.

Agreement of the parties - what the wording conceals

Termination of an employment contract under Art. 78 shopping malls are favorable to both parties. The head of the woman has the right to offer monetary compensation (the amount is not limited), in addition to all compensations approved by the TC.

When registering for unemployment, a person dismissed by agreement receives accrual of insurance payments from the day she is entered in the registry of the CZ.

However, agreeing to terminate the contract, the pregnant woman must understand that she cannot terminate such an agreement, as, in principle, the employer.

Dismissal of a pregnant woman during the liquidation of an organization

This method of breaking the employment relationship is possible if the company ceased to exist legally. Liquidation of branches, reorganization, reduction of staff do not fit this concept.

Remember, according to Art. 180 TCs of all employees of the company to be liquidated are notified two months before the forced dismissal in writing (under signature).

Moreover, Art. 178 of the Labor Code obliges the supervisor to dismiss the case to give employees benefits while maintaining the average monthly salary for up to 2 months, until a new job by the reduced employee is found.

When is the dismissal of a future mother illegal?

Any cases of dismissal of a pregnant woman, except for the ones discussed above (own will, liquidation of a legal entity) are considered illegal. Here are the main claims that women who carry babies under their hearts seek legal advice and explanations to them:

1. Is it possible to dismiss a pregnant woman on a trial period?   - You can’t. This term does not apply to pregnant women; moreover, pregnant women should not be given a trial period. If the pregnant woman declared her condition during the passage of the probationary period, she should be hired. This is necessary even if the results of the interview and activities on a trial period did not meet the requirements of the employer.

1. Can an employer fire a pregnant woman for not fulfilling work duties? - Can not. Maximum -.

1. Does the employer have the right to dismiss a pregnant woman and terminate the employment relationship if the term of the fixed-term employment contract expires?   - 아니다. The employer extends the validity until the logical termination of pregnancy (Article 261 of the Labor Code of the Russian Federation). Ground of decision:written statement by an employee and a certificate from a medical institution

1. Is it possible to dismiss a pregnant woman by issuing an order to dismiss a pregnant woman temporarily holding the position of another woman if she leaves maternity leave?   - 아니다. The manager must provide an additional workplace for the pregnant woman before the date of her departure

Methods of pressure on the subordinate in position and methods of protection

Unfortunately, future women in labor rarely dare to confront employers requiring their consent to voluntary dismissal, because the manager has certain leverage in the arsenal - these are some of them.

The law prohibits the dismissal of the assembled decree for non-compliance with labor discipline, but the employer has the right to regularly fine, deprive bonuses or impose penalties on undisciplined employees.

Therefore, if an employee committed some violations before pregnancy (she was often late, did not fulfill assigned tasks, violated instructions), she would need to thoroughly study the charter of the enterprise and observe it exactly.

An extreme measure of some directors is the liquidation of a post held by a pregnant woman. Instead, a woman is offered a vacant place, in which either her salary is lower or her functional responsibilities are radically different.

What can a pregnant woman who is forced to leave do?

1. Making a sick leave helps many to work until the official decree — it’s good that there are a lot of pregnant women’s medical indicators (from a common cold to the threat of miscarriage).
2. The Labor Code provides those leaving the decree with the right to take annual leave (regardless of the time they work at the enterprise) - you can spend time on days by writing a statement addressed to the director.
3. If a woman understands that the case may end in court, it will be useful to take copies of orders on fines and reprimands, enlist the support of colleagues who are witnesses of the boss's illegal actions (insults, threats, etc.) .

How to challenge the dismissal of a pregnant woman - under what article?

Labor guarantees for pregnant women are prescribed by Articles 259, 260, 261 of the Labor Code of the Russian Federation, as well as Art. 145 of the Criminal Code. All disputes arising and factual violations are considered by the court.

To know how to dismiss a pregnant employee properly, should be every employer who has on the staff of the fair sex.

The ladies themselves must remember:when diagnosing:“Pregnant,” you provide the director with a medical document with a doctor’s opinion!

Only from the moment the head is familiarized with this document, you fall under the protection of state-guaranteed laws! Moreover, you are obliged to provide medical certificates and further at certain intervals.

If you applied for resignation without knowing that you became pregnant, there are 14 days to withdraw it! If you hid your position at work, and were fired (reduced) - the court will take the side of the employer. Therefore, do not delay with the provision of a consulting opinion from the organs of medicine - protect yourself!