When a woman is on maternity leave, her dismissal at the initiative of the employer is expressly prohibited by law. The exceptions are cases of liquidation of an organization, as well as termination of an employment contract by agreement of the parties, due to circumstances beyond the control of the parties.
A woman who is on maternity leave is under increased state protection. It is in relation to such categories of workers that illegal actions related to illegal dismissal are most often committed, since they do not bring any economic benefit to the employer. Therefore, Article 81 of the Labor Code of the Russian Federation prohibits the dismissal of workers during their holidays. When caring for a child until he reaches a certain age, the employee is also on vacation, so this rule applies to him. An exception is cases of liquidation of an organization or situations in which an entrepreneur stops his own activities. In such circumstances, it is simply impossible to maintain the employment relationship, so the contract is terminated.
What are the reasons for dismissal?
A ban on terminating an employment contract while an employee is on maternity leave does not indicate the complete impossibility of dismissing such an employee. There are other grounds for terminating the relationship with the employer, to which the described prohibition does not apply. For example, a contract can be terminated due to the occurrence of circumstances that do not depend on the will of the parties. So, if a fixed-term employment contract was concluded with a woman, the effect of which was terminated during the period of being on maternity leave, then the corresponding relationship will also be terminated. In addition, the agreement with the employer can be terminated at the employee's own request at any time, including the period of being on maternity leave. The possibility of termination of labor relations by agreement of the parties is also not excluded.
How to protect yourself from misconduct by employers?
Since the law only prohibits the termination of an employment contract on the initiative of the employer while a woman is on maternity leave, there are numerous options for violating the rights of workers in this area. For example, employers often use various means to persuade women who use the right to leave to terminate an employment contract on an admissible basis (for example, of their own free will). You should not succumb to such pressure, and when fixing any illegal actions on the part of the organization, its leaders are recommended to immediately contact the supervisory authorities, including the prosecutor's office, labor inspectorate.
