State protection of expectant mothers
Labour Code contains provisions on the termination of the employment contract, which are not the same for all.In general, these causes can be divided into four groups by the employer;at the request of the employee or the parties' agreement;because of the offense or offenses committed by subordinates and other circumstances beyond the control of the parties.
law protects women, expectant mothers, from the employers' attempts to remove them from the work of their own volition.Article 261 of the Labour Code clearly indicates the list of circumstances that result in the dismissal of any employee.These reasons - liquidation
of the organization or branch located in another area, and the termination of an individual entrepreneur.
What does this mean in practice?A pregnant employee can be dismissed when the organization has ceased to exist.If we are talking only about the change of name or a merger of several enterprises, the suspension from duty for specified legitimate reason to believe it is impossible.As for the individual entrepreneur, you should consider - not every employer is formally vested with similar status.An individual is not entitled to take advantage of this for the termination of the employment contract.
arising from law grounds for dismissal
All other groups of reasons for termination of employment suggest options parting even with a pregnant employee.A woman can apply on their own or to leave work by mutual agreement.The same consequences occur as a result of her voluntary refusal to perform his duties due to legitimate changes in labor conditions;for failure to transfer to lighter work;unwillingness to work with the change of ownership after the organization, as well as transfer the employee to another employer.
dismissal of pregnant women are not excluded when it is an offense set out in the appropriate order.This also applies to the breach of employment contract, and absence from work without good reason, and disclosure of information secrecy and the various disciplinary offenses.
Article 83 of the Labour Code lists the events that are independent of the will of the parties suggest, even the dismissal of pregnant women.Among them is an indication of the onset of legal liability involving deprivation of liberty, which automatically generates an employer the right to terminate the contract of employment of the convicted as to perform their duties, it can not.This category rank cases where a pregnant employee is replaced temporarily absent colleague or former employee who was dismissed, the reduced by the court.If the employer does not make the dismissal of expectant mother, he is thus violating a court order or the legitimate rights of other employees.Guide endowed with the responsibility of a woman to choose other available positions in the company with a similar or lighter work, if any, are the place to be.
fixed-term employment contract is concluded for a definite period of time and may be terminated upon its completion, but with a caveat.A woman in the same position, empowered to write the application for an extension of the contract until the end of pregnancy.Only after this period, the employment relationship can be finished with it.When illegal dismissal from work and other activities of the authorities, contrary to the law, the proceedings vozlogaetsya to the commission on labor disputes and judicial authorities.
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