The rights of employees who are on maternity leave are protected by the Labor Code of the Russian Federation. Dismissal of women by decree on the initiative of the employer is prohibited by law. During maternity leave, an employee can be laid off only due to the liquidation of the company or at her own request.
General Provisions
While the employee is on parental leave, the employer is obliged to keep her position for the entire period of the decree, which is spelled out in Article 256 of the Labor Code. Also in the 22nd article of the code it is indicated that after returning from maternity leave, the management must provide the employee with those job duties that are stipulated in the employment contract. Accordingly, the reorganization of the company or the reduction of the position is the basis for dismissal, which in this case is not legal.
In addition to maternity leave, employers are prohibited from firing women if:
- she is the mother of a child under the age of three, - she is a mother who alone brings up a child up to 14 years old,
- is a single mother raising a disabled minor child.
According to Article 234 of the Labor Code of the Russian Federation, in the event of illegal dismissal, the employer is financially liable to the dismissed employee. For questions related to violation of labor legislation, you need to contact the state labor inspectorate, the prosecutor's office or immediately to the court.
If a pregnant woman was employed under a fixed-term contract, her employer has no right to fire her. In addition, if the end of the employment contract is expected during pregnancy, the contract is extended until the end of the pregnancy. If the term of the employment contract exceeds the period of pregnancy, then the woman goes on parental leave, which will be completed upon the return of the main employee or upon the expiration of the term of the employment agreement.
Liquidation of an organization
The management must notify about the liquidation of the company at least 2 months before its occurrence. Moreover, the notice must be signed by the employee. In the process of registration of liquidation, the manager is obliged to sign an order to dismiss employees. The corresponding mark is put in the work book.
Upon liquidation, employees are paid the following accruals:
- for all holidays missed during work;
- severance pay equal to the average monthly income;
- while the employee is looking for a new job, the organization must make payments to him every month in the amount of the average monthly salary. The term of these payments should not exceed 2 months. If an employee registered with the employment center within 2 weeks after the layoff, but was not employed within 2 months, the organization must pay the average monthly salary in the 3rd month.
An employee on maternity leave who was dismissed due to the termination of the organization's activities is entitled to one of two payments to choose from:
- unemployment benefit, if it is registered with the employment service
- allowance for child care when applying to the Department of Social Protection of the Population.
If during the liquidation of the company the woman is on maternity leave, then the payment for the leave must be repaid in full for the entire period.
