Employers do not want to accommodate pregnant women and are not delighted with the news of a new employee in the family. After all, a woman in a position receives benefits and protection from the country, and the employer has to solve many problems. Can a pregnant employee be fired?
Pregnant women and labor code
The Labor Code pays special attention to the rights of pregnant women. For example, there are several rules regarding pregnant women:
- 41 chapter of the Labor Code of Russia regulates the special position of pregnant employees.
- Section 253 contains a list of all those types of work activities from which a pregnant employee is exempt.
- Article 254 obliges the employer to transfer the pregnant woman to a simpler job, especially if such an action is due to medical reports. The same article regulates prohibitions on overtime, business trips and night shifts.
- Part 1 of Article 261 prohibits the dismissal of female employees in a position, except in some cases.
These articles of the labor code regulate the relationship and behavior of both the employee and the employer.
Pregnant women on probation and laws
Probationary periods can be legally established to ensure that the employee meets the company's requirements. At the same time, the laws do not appeal to this very term, since it only mentions "tests during hiring." The condition for this test is precisely a fixed probationary period. In the Labor Code, the principles of the probationary period and its appointment are indicated by the following articles:
- Article 70, part 1 - the employer has the right to appoint a girl in a position for a probationary period only during employment, and the possibility of such a period is reflected in the Labor Code.
- There is no minimum trial period, but the maximum can vary from 2 to 12 weeks. Sometimes it can be up to 6 months.
- Part 1 and part 4 of Article 70 talk about a simple procedure for dismissing an employee during a probationary period. That is, if the employee has not passed the probationary period, he is fired within 3 days, or he quits himself.
- Article 71 of the Labor Code of Russia says that if a person is not fired during the probationary period, he is hired on a general basis.
However, pregnant women do not fall into the category to which trials and probationary periods can be established at the time of their recruitment. An exception may be that the employee signed an employment contract (if the condition of the probationary period is spelled out).
Also, an exception is that the employee at the time of the conclusion of the contract did not know about pregnancy or did not notify the employer about it. But even in such cases, a pregnant woman cannot be fired.
At the same time, a woman reviving a child can be fired with the complete liquidation of a legal entity. In such cases, the employer simply has nowhere to go.
