An employee’s pregnancy often seems to the manager as a good reason for her dismissal. This is not surprising, since the woman will have to provide paid sick leave and maternity leave. However, if a pregnant employee knows her rights, she can avoid being fired.
Instructions
Step 1
Remember, an employer cannot fire a maternity worker. Women in this case are protected by law: according to article 261 of the Labor Code of the Russian Federation, termination of an employment contract with a pregnant woman on the initiative of the employer is allowed only in case of termination of the individual entrepreneur or liquidation of the organization. If your boss threatens to fire you because of your position, you can remind him that it is illegal.
Step 2
If the term of the employment contract of a pregnant employee expires, and the employer intends to take advantage of this to dismiss the woman, she just needs to write an application for the extension of the contract. In this case, the boss is obliged to increase the period of cooperation, and the fact that a woman is expecting a child cannot be a reason for refusal. Please note: the renewed contract is valid only until the end of the pregnancy.
Step 3
Do not fall for the provocation of the employer. Often, pregnant women are threatened with dismissal due to serious breaches of employment contracts, forcing them to leave of their own accord. In fact, only clauses 1, 5, 6, 7, 8, 10 and 11 of Article 81 of the Labor Code of the Russian Federation can serve as grounds for dismissal, moreover, the employer must still prove the violation of the employment contract by the employee. In particular, a pregnant woman cannot be dismissed by law due to a reduction in the number of staff, so the popular reference to paragraph 2 of Article 81 on the part of the employer is nothing more than empty threats.
Step 4
Be aware that an employer cannot fire a pregnant employee on probation for non-compliance. The fact is that when hiring, a probationary period for women expecting a child cannot be established at all, since this contradicts Article 70 of the Labor Code of the Russian Federation. Moreover, it does not matter when exactly the employer found out about the employee's pregnancy, before hiring or after.
