Today will be studied art.261 TC RF with comments. This paragraph points to an important point - the termination of the contract with women who either raise a minor child for a year and a half, or are in an "interesting position." The thing is that they are not very fond of dealing with such employees. problems with the employer arise a lot. And most of the features are spelled out in article 261. What are the rights of pregnant women? Why prepare for the employer? All the features of the termination of the working agreement with women who are in an "interesting situation", read on!
Article 261 of the Labor Code of the Russian Federation with comments(and without them) first of all points to a case that is very often used by employers. But not with respect to subordinates with pregnancy. The thing is that, according to the established laws, the chief has the right, on his own initiative, to cease the relationship with any employee for one reason or another.
But not with respect to pregnant employees. Art.261 TC RF (with comments) dictates the impossibility of dismissing a woman during her pregnancy. That is, even if a citizen does not do a good job, you can not be removed from the performance of her duties on her own initiative. True, there are exceptions.
For example, the cessation of activity as an IP.In Art. 261 TC RF (with comments and without them - it's not so important) there are only two possibilities for termination of the contract with the pregnant woman on the initiative of the employer. The first case - when the boss was an entrepreneur, and now he ceases to operate. In this situation, the termination of the employment relationship is possible. After all, in fact the employer is simply eliminated, it will not exist.
Also, Article 261 of the Labor Code of the Russian Federation (withcomments and without them) regulates the fact that between the boss and the pregnant woman in case of liquidation of the company, the earlier concluded agreement on the performance of official duties can be terminated. The meaning of this action is similar to the abolition of IP - the corporation ceases its activities. Accordingly, the workers do not need it.
What other features should be addressedAttention? Legislation of Russia protects the rights of pregnant women. It turns out, no one can just fire such an employee. What if a fixed-term contract was concluded with a subordinate?
This situation is ambiguous. Art.261 TC RF with comments indicates that if the agreement concluded between the employer and the employee comes to an end, the first can dismiss the citizen. But he has no right to refuse the extension of this agreement, if the pregnant subordinate herself wants it.
How to express this point in simple words?When an urgent labor contract comes to an end during the pregnancy of a female employee, the latter has the right to write on its own initiative an appropriate statement that will show the desire to extend the contract until the end of the "interesting situation".
Quite often an employer provides leaveon pregnancy and childbirth. If it is a question of the termination of the employment contract in connection with the onset of the date of its termination, in this case the extension of the relationship between the employee and the head must be extended to the end of the "legal rest".
Pregnant women must without failprovide medical reports about the state of health (in fact - about the course of pregnancy). This is done at the request of the employer, but not more than once in the trimester (every 3 months).
But even here there are certain features.Which ones? It is already clear that if the labor agreement comes to an end, the employee can extend it either until the end of the pregnancy, or until the end of the vacation associated with caring for the baby. It all depends on the situation. Only this does not cancel the possible dismissal.
Why?Article 261 of the LC RF (with comments) indicates that if the subordinate fulfills his duties even after pregnancy, the employer can terminate business relations with her because of the expiry of the term of the labor agreement.
There are some time limits.The chief will have only a week from the day when he had to learn or actually found out about the termination of the pregnancy of a subordinate. These are the rules that currently operate in Russia.
It often happens that a fixed-term contractis with the employee who will work instead of temporarily absent employee. This fact should be taken into account. Especially when it comes to a pregnant subordinate.
After all, in this case, the boss has every rightto terminate the agreement. Just do not rejoice so quickly - if the pregnant woman has written consent to transfer to a less-paid position, to terminate employment is prohibited.
With all this, art.261 TC RF (with comments and without them) forces the employer to offer vacancies to women workers without fail. True, a woman must cope with job duties for health reasons. For example, it is impossible for a pregnant woman to offer a job as a loader.
What else should I pay attention to? Art.261 TC RF with comments (part 3) indicates the peculiarities of dismissal of a pregnant woman who has been hired on someone's place temporarily. It turns out that the employer is able to remove the subordinate from the official duties, but before that he is obliged to offer the employee a less senior or less paid position. If it is refused, there is an official possibility of terminating the agreement on labor.
And what if a woman is the only onethe breadwinner in the family? Provided that she has a child under 3 years old or a child with a disability. Or if the mother cares for a young child (citizen to 14 years). In this situation, the employer again receives restrictions on actions. The whole point is that if the second parent of the child does not have an employment relationship, the mother-nurse can not be dismissed on her own initiative. Except as previously provided.
Nevertheless, the comments on Article 261 of the Labor CodeThe code of the Russian Federation indicates that the employer does not always have to put up with pregnant women at work. The thing is that the head on his own initiative can not terminate the employment relationship with a subordinate who is in an "interesting position." This is understandable - girls in Russia are trying to protect. During pregnancy and child care, this category of citizens is in a vulnerable position.
But what if a woman decides on her ownleave work? The entire article in this article does not mention any cases in which it is proposed to terminate labor relations on the initiative of a pregnant woman.
It's simple - the women in this case haveright to leave office. That is, if an employee who is in an "interesting position" decides to quit, she has the right to do so. The main thing is that the employer receives an appropriate application in which will be written "Dismissal at will". There are no other simple solutions to the question posed.
Some are interested in earnings.After all, during a pregnancy, citizens often lose their full capacity for work. So, they work worse. In the Labor Code, there are even norms indicating the rights of pregnant women to easy work and part-time work. In fact, citizens start to work worse and less in duration. It is logical to assume that their earnings should fall.
But it's not so simple.What does Article 261 of the RF Customs Code provide for (comment)? The size of indexed wages can be reduced. But only by personal agreement with the employee. And in exceptional cases.
What does it mean?The employer is obliged to keep the previous earnings for the pregnant woman. The only exceptions are cases when the head suggested that the employee move to a different position with less earnings in the event of the termination of the term contract concluded for the period of absence of one of the previous cadres. Only with the written consent of the employer is the right to reduce earnings. In practice, this is extremely rare.
What else do the comments to Article 261 of the TC say?RF? With the comments, some features of certain laws in force in the country are revealed. It has already been said that if a mother cares for a minor child or a disabled baby, and if she has children under the age of three, then no one can fire such an employee. This is how the article regulates.
At the same time, it violates the equality of allemployees. Why? The Labor Code states that the only breadwinner represented in the person of a woman with children can not be dismissed on the initiative of the employer. And at the same time, nothing is said about the father, who can also take care of minors at the same time, and work, and be the only earner of money. It turns out that women have more rights.
And the employer does actually becomewithout rights. He is not able to dismiss the pregnant woman, if she did not express her desire to stop the performance of official duties. Just do not be upset. After all, the comments on Article 261 of the Labor Code of the Russian Federation have several points where it is possible to circumvent the established rules for legal reasons. What is it about?
The whole point is that you can dismiss anysubordinate to the liquidation of the organization. And this rule applies even to pregnant women. This has already been said. What's next? In the comments to the article of the Labor Code of the Russian Federation, which is being studied, several more points are indicated, which make it possible to remove even a woman in an "interesting position". Which ones? It:
For all the above reasons, you can dismissany frame. Even a pregnant woman. The main thing is to have proof of the violations committed. The main task of the employer in this case is to prove the unlawful actions on the part of the subordinate.
What else should one know about the subjectquestion? Art. 261 TC RF with comments - the guarantor of the protection of women's rights in case of dismissal in certain cases. Legislation of the country, the above features are envisaged not only for girls in an "interesting position". Who else falls under the action of the article? It:
Accordingly, all other citizens can notuse these privileges. What else do the comments to Article 261 of the Labor Code of the Russian Federation indicate? There are some features that were not previously considered, but extremely important for the employer.
Comments of art.261 TC RF - this is what helps to fully understand the termination of the employment relationship with the head of the pregnant woman. It turns out that the employer does not have the right to independently terminate the contract entered into earlier with the girl. Unless in exceptional cases, which in practice are extremely rare. But if an employee who is in an "interesting position" will independently write a letter of resignation and indicate there as a reason "at will", you can completely remove her from performing work duties.
What if the employer breaksstatutory rules? He should be complained about. After that, the boss, who disobeyed the rules established by the Labor Code of the Russian Federation, faces a certain punishment. This is a payment of a fine in various sizes.
How much exactly to pay? That's a moot point.Article 261 of the Labor Code of the Russian Federation (comments or not - not important) provides for a monetary penalty in the amount of up to 200,000 rubles. But this is not the only form of responsibility imposed on the employer. Instead of a fine, he may be sentenced to community service, expressed as compulsory labor for up to 360 hours. Or, to recover the employer's salary for 1.5 years in favor of a pregnant woman. Punishment will be appointed by the court individually.
In what cases is it really necessary to be afraid of this responsibility? If the employer:
Now it is clear what is provided for in Art.261 TK RF comments. The size of the indexed salary cannot decrease due to the pregnancy of the employee. This is only possible on her own initiative or with written consent. In general, pregnant women should know their rights in case of dismissal. Only then will justice be achieved. If a citizen was fired or forced to resign on her own, you can complain to the boss. Unfortunately, in Russia many employers are trying to violate the rules established by article 261 of the Labor Code of the Russian Federation. In this situation, the rights of a woman in an “interesting” position should be upheld.
