Pregnant working women often have fears that they might be fired by their employer, as this would enable them to avoid paying for maternity leave. These fears are in vain, since it is almost impossible to fire a pregnant woman.
Pregnant woman's rights
Unfortunately, the cases when the employer tries to fire a pregnant employee have long ceased to be a rarity. Someone persuades a woman to write a letter of resignation of her own free will, and someone does not act in this situation at all illegally.
The expectant mother should know that the employer cannot fire her on her own initiative, so she should defend her rights. In no case should you sign a letter of resignation of your own free will. In this case, the woman deprives herself of the right to receive maternity benefits. The amount of this allowance is very significant, since the employer must pay the employee 140 vacation days, calculated based on the average daily earnings taken over the previous 2 calendar years. If the expectant mother is unemployed by the time she goes on maternity leave, she will not receive benefits.
In accordance with the Labor Code of the Russian Federation, the basis for the dismissal of a pregnant employee can only be the liquidation of the organization in which she works. At the same time, it is important to understand that the organization must be completely liquidated. When the department where the employee worked, or the branch of the enterprise, the employer is obliged to provide the woman with another job.
When reducing the position of a pregnant employee, she should be given another position that corresponds to the qualifications of the expectant mother. Unfortunately, the salary at the new place of work may be slightly lower.
If the expectant mother was employed under a temporary labor agreement, and the contract expires before the employee goes on maternity leave, the employer is obliged to extend the employment relationship with her until the woman has a baby. In order to prevent dismissal, a woman must provide the employer with a certificate confirming her pregnancy in advance. In this case, the pregnant woman can only count on the payment of 70 days of prenatal leave. After that, the employee may be dismissed due to the termination of the employment contract.
The employer is obliged to provide a pregnant woman with a job, even if she was hired for a very short time in order to replace one of the employees.
Protecting your rights
If the employer violated the rights of the pregnant woman and did not pay her benefits, or illegally fired her, the woman should contact the Labor Inspectorate. Employees of this organization can force the manager to restore the pregnant woman to her previous position. In addition, they have the right to fine the legal entity.
If the employer refuses to reinstate the employee to her position and pay all due benefits, the woman has the right to apply to the court and the prosecutor's office. After a court decision is made, the manager will no longer be able to deny the expectant mother a job and cash payments.
After the end of paid maternity leave, a woman can quit her job on her own initiative.
