The joy of motherhood … Sooner or later, everyone, without exception, begins to dream about it. The woman who, in our unstable time, decides to give birth to three or four children and become a mother of many children, deserves special respect in society. In this regard, social issues related to the birth and upbringing of a child acquire relevance: what benefits are provided by the state, how to avoid illegal redundancy from a permanent job.
In conditions of economic instability, the prospect of a reduction in wages is frightening, if not even loss of a job. Our state has repeatedly announced various ways to support large families. Indeed, the legislation provides for the provision of assistance to families with many children, although nowhere in official sources do we find the very definition of "large family". Employers are obliged to provide a number of benefits for such families. What exactly guarantees are enshrined in Russian legislation?
According to article 261 of the Labor Code of the Russian Federation, a mother with many children who is on parental leave for a child up to 3 years old:
- can be dismissed only in case of liquidation of the enterprise;
It is necessary to distinguish between the liquidation of the enterprise and the reduction of staff. With a layoff, it is impossible to fire a mother with many children who is on maternity leave!
- must be warned about the upcoming dismissal at least 2 months in advance;
- after the termination of the employment contract, the average monthly wage must be paid for another 2 months;
- the time from the date of dismissal of a woman until the child reaches three years of age is included in the continuous work experience.
If during the period of a mother with many children on parental leave under 3 years of age, significant changes have occurred in the organization, then the employer is obliged to:
- to explain the innovations in detail, set out in writing and provide the employee for review no later than 2 months before the start of the changes;
- if the employee disagrees with the innovations, offer him a similar position;
- job loss cannot be avoided if a compromise between the employer and the employee is not found. The basis for dismissal will be the employee's refusal to continue working in connection with a change in the terms of the employment contract determined by the parties.
With the same labor productivity and qualifications, preference is given to family workers with two or more dependents, as well as to persons in whose family there are no other workers with independent earnings.
How to protect a mother with many children in the face of changing working conditions
Article 74 of the Labor Code of the Russian Federation reads: “In the case when, for reasons related to changes in organizational or technological working conditions (changes in technology and production technology, structural reorganization of production, other reasons), the terms of the labor contract determined by the parties cannot be preserved, it is allowed their change at the initiative of the employer, with the exception of changes in the employee's labor function”. For some workers, working conditions, working hours and even wages may be adjusted, which may also affect a mother with many children.
Where to go for help
If you could not reach an understanding with the employer, then you should contact the labor protection inspectorate, trade union organization or prosecutor's office.
Only then is motherhood a joy when it is protected by the state and the law.
