Can a pregnant woman be dismissed?

In such an unstable time, as now, you never know beforehand how your future life will develop if you decide to give birth to a child. In Soviet times, the woman was protected by a clear law, and no one encroached on her right to work in an interesting position, and even, on the contrary, she was kept in every way from hard work.

Now, when the owners of enterprises are not the state, but individuals, it is much more difficult to defend the legitimate right to work. Not knowing the intricacies of the labor law, it is easy to go on about the bosses, who are unprofitable pregnant women in the state for many reasons. So you need to know when you can dismiss a pregnant woman, and do employers have this right at all?

Can an employer fire a pregnant woman?

According to both the Ukrainian and the Russian Labor Code, it is impossible to dismiss such a woman. The only legitimate reason for dismissal is the cessation of the work of the enterprise, that is, its liquidation. If there is a reorganization, the pregnant woman must be employed in a new structural subdivision while maintaining the salary.

The employer is not given the right to dismiss the pregnant woman under the article, even for absenteeism and breach of contract. But with the initiative of the future mother, the contract can be terminated at her request, although it will be better if this is done with the consent of the parties. In this case, a woman will be able to register with the labor exchange and receive financial assistance . If she appeals to the employment service, resigning herself, she will not receive any material support.

Is it possible to dismiss a pregnant woman on probation?

To accept pregnant women on probation is forbidden, and accordingly it is impossible to dismiss. But what if the pregnancy was confirmed after the woman was recruited? In the women's consultation, you need to take a certificate confirming the pregnancy and provide it to the personnel department or directly to the supervisor. Based on it, the probation period ends and the future mother is recruited.

Can a pregnant woman who is a part-time worker or a temporary employee be dismissed?

In the case when a permanent worker is in the place of a part-time worker, a woman can be transferred to another position. Only if the pregnant woman works on the spot of the absent employee (due to illness, decree, long trip), she can be fired, only the main employee will return to her post.

What should I do if my pregnant woman is fired?

Of course, apply to the court. The application must include a certificate from the doctor, a pregnancy confirmation and a copy of the work record book with the last entry. In most cases, the court makes a positive decision in favor of the pregnant woman and it is reinstated in the workplace. During the period of her forced downtime, the salary is paid. You can try to apply for moral compensation, but it is often challenged.

Coming back to work in a team that wants to get rid of any objectionable worker in any way, a woman needs to be ready for all sorts of pressure from the bosses. If it does not frighten her, then we can safely refine and go on maternity leave .

Employers do not like those who know their rights and therefore do not be afraid of them, but need to defend their case, even through the court.

In the Russian Federation, the regulation of issues related to the work of pregnant women relies on Article 261 of the Labor Code. A woman residing in Ukraine can familiarize herself with her rights in the Labor Code, articles 170-185. Ignorance of the pregnant woman's rights, plays into the hands of unscrupulous owners of enterprises, and therefore should be fully armed, barely knowing about their pregnancy.