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Under what article can a pregnant woman be fired? Can a pregnant woman be fired during a probationary period?

Dismissal of a pregnant woman women by terminating an employment contract at the initiative of the employer is not allowed (Article 261 of the Labor Code of the Russian Federation). However, the employer may initiate her dismissal in the event of liquidation of an organization or enterprise or when an individual entrepreneur ceases his activities.

Also, Article 261 of the Labor Code of the Russian Federation contains the only situation in whichMaybe dismissal of a pregnant woman women from an existing organization: if a fixed-term employment contract was concluded with her to perform the duties of a temporarily absent employee and the term of this contract has expired. If the employer cannot, with the written consent of the employee, transfer her before the end of pregnancy to another available job (both to a vacant position or work corresponding to the employee’s qualifications, and to a vacant lower position or lower paid job), which the woman can perform taking into account her state of health - in this case, her dismissal is justified.

As for fixed-term employment contracts concluded for other reasons (not to perform the duties of a temporarily absent employee), hereThe following rules apply. If such an agreement expires during pregnancy, the employer is obliged to extend it until the end of pregnancy.

If a woman actually continues to work after the end of pregnancy, the employer has the right to issue dismissal of a pregnant woman women due to the expiration of its validity period within a week from the day when he learned about the end of the pregnancy. Or from the day the pregnancy certificate is provided.

If the employer commits gross violations - an unjustified refusal to hire or dismissal of a pregnant woman women, then such a leader, as well as an individual entrepreneur -can be prosecutedaccording to Art. 145 of the Criminal Code of the Russian Federation. In addition, a fine of up to 200 thousand rubles may be imposed. or in the amount of wages (other income) for a period of up to 18 months. In addition, you can be involved in compulsory work for a period of 120 to 180 hours.

Fire a pregnant woman at the initiative of the employer is possible only in two cases: if the organization is liquidated or the activities of an individual entrepreneur are terminated. At the same time, we can talk about liquidation in relation to the provisions of Article 61 of the Civil Code of the Russian Federation, according to which the liquidation of a legal entity entails its termination without the transfer of rights and obligations in the order of succession to other persons.

At the same time, according to Part 4 of Article 81 of the Labor Code of the Russian Federation pregnant women may be fired from representative offices or branches of legal entities or other separate structural divisions located in another area. This rule is an exception to the general rule that dismissal under clause 1 of Article 81 of the Labor Code of the Russian Federation can only be carried out in the event of liquidation of the organization, that is, the legal entity as a whole, since Part 4 of Article 81 of the Labor Code of the Russian Federation allows for the termination of an employment contract when liquidating only separate divisions of a legal entity that do not have independent employer legal personality in relation to employees, they have the rights of hiring and dismissal only within the limits established in the power of attorney issued in accordance with Article 55 of the Civil Code of the Russian Federation. At the same time, the legal entity itself remains and continues to operate.

A pregnant woman can quit by agreement of the parties (clause 1ch.1s.77 of the Labor Code of the Russian Federation). In accordance with the law, an employment contract concluded for both a definite and an indefinite period can be terminated at any time if its parties - the employee and the employer - come to an agreement on this. The law does not provide for any procedures that must be followed by the parties when terminating an employment contract on this basis (no warning to the parties, no payment of severance pay, etc.). It is important to determine the day of dismissal (last day of work), that is, the day that will be indicated in the dismissal order and on which theemployment historyand full payment has been made.

In the event that a special procedure for terminating an employment contract by agreement of the parties is provided for in the contract itself, it must be executed by the parties.

Sometimes employment contracts include a provision for the payment of certain amounts to the employee upon termination. These amounts must be paid by the employer.

However, employers should remember that the woman who signed such an agreement can challenge it in court. If she can prove that the agreement was signed under pressure from the employer, she will be reinstated at work.

You can terminate your employment contract with pregnant woman upon expiration of the fixed-term employment contract (Clause 2.Part 1.Article 77 of the Labor Code of the Russian Federation). In this case, the employer must prove the validity of concluding such an agreement.

The procedure for terminating a fixed-term employment contract, as provided for in Article 79 of the Labor Code of the Russian Federation, must be followed. If it is not followed, the employee’s dismissal may be considered to have been carried out in violation of the established procedure and, as a result, he may be reinstated.

Wherein pregnant woman can take advantage of the guarantee provided to it by Art. 261 Labor Code of the Russian Federation. Thus, if a fixed-term employment contract expires during a woman’s pregnancy, the employer is obliged, upon her written application and upon provision of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of the pregnancy. A woman whose employment contract has been extended until the end of her pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If the woman actually continues to work after the end of her pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day the employer learned or should have learned about the end of the pregnancy.

It is permissible to dismiss a woman due to the expiration of the employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her to another job available to the employer before the end of her pregnancy. Upon dismissal due to the expiration of the employment contract, the employee may request leave with subsequent dismissal.

Also a possible basis for dismissal is dismissal at one’s own request (clause 3, part 1, article 77 of the Labor Code of the Russian Federation).

An employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of the Labor Code of the Russian Federation) - clause 6, part 1, art. 77 of the Labor Code of the Russian Federation is another basis for dismissal. However, a change of owner does not imply the termination of employment contracts concluded with employees. As an exception to the general rule, one should consider the possibility of terminating labor relations with the head of the organization, his deputies and the chief accountant (see also clause 4, part 1, article 81 of the Labor Code of the Russian Federation), which can be done by the new owner of the organization’s property no later than three months from the date on which his ownership rights arise.

However, Art. 75 of the Labor Code of the Russian Federation provides that if an employee refuses to continue working in connection with a change in the owner of the organization’s property, the employment contract is terminated not at the employee’s own request, but according to clause 6, part 1, art. 77 of the Labor Code of the Russian Federation - refusal to continue work in connection with a change in the owner of the organization’s property, expressed in writing. Theoretically, a pregnant woman can declare her disagreement to continue working for the new owner. Accordingly, in this case, the employment contract with her will be terminated.

The basis for dismissal may be the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part 4 of article 74 of the Labor Code of the Russian Federation) - clause 7 of part 1 of art. 77 Labor Code of the Russian Federation. According to the general rule enshrined in Art. 72 of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation.

Article 74 of the Labor Code of the Russian Federation established an exception to the general rule on the invariability of working conditions established by an employment contract. Thus, for reasons related to changes in organizational or technological working conditions, it is allowed to change the terms of the employment contract determined by the parties at the initiative of the employer (i.e., unilaterally) while the employee continues to work without changing the job function. However, the employee’s consent to change such conditions is not required.

It should be borne in mind that any conditions, both mandatory and additional, can be changed, with the exception of the labor function condition.

An employee’s refusal to be transferred to work in another location together with the employer (Part 1 of Article 72 of the Labor Code of the Russian Federation) is also grounds for dismissal. The law provides for the possibility of transferring to work in another area together with the employer. Such a transfer is permitted only with the written consent of the employee. If an employee, including a pregnant woman, refuses to be transferred to another location together with the employer, the employment relationship with him can be terminated under clause 9, part 1, art. 77 Labor Code of the Russian Federation.

Can a pregnant woman be fired? Of course, there are a number of loopholes in the law for this, which negligent employers take advantage of.

The law is on your side

But pregnant women, of course, are under special protection of the law. For example, a pregnant woman cannot be divorced by her husband without her consent - judges can give permission for this step only after the baby is one year old. The Labor Code of the Russian Federation also protects a pregnant woman from shocks, because not every employer, especially a private organization, is interested in maintaining a place for a woman who has already given birth during 3 years of maternity leave.

No wonder: first he will have to create special working conditions for her during pregnancy, and after giving birth, pay benefits and hire another employee who is also entitled to wages... The reasons for dismissal may be different, the question here is different - is it possible to dismiss a pregnant woman legally reasons?

Is it possible to fire an expectant mother?

How do ordinary people get fired? In the Labor Code of the Russian Federation, all the norms of this process are spelled out in detail, and the list of reasons for dismissal is not exhaustive. There are six of them in total.

may be fired by agreement of the parties
due to termination of a fixed-term employment contract
dismissal may occur at the initiative of the employer
it is possible to terminate the employment contract at the initiative of the employee (at his own request)
may be dismissed due to termination of the employment contract due to circumstances beyond the control of the parties
termination of an employment contract may be caused by a violation of the established rules for concluding an employment contract

How to fire a pregnant woman? This is not so easy to do. Dismissal of a pregnant woman may only occur in some of these cases. For example, they cannot fire a pregnant woman on the initiative of her management - this is prohibited by law. This is possible only in two cases: with the COMPLETE liquidation of the institution where she worked, or as a result of the termination of the work of the entrepreneur who provided her with a workplace.

Don't be fooled

It is important to know that a pregnant woman cannot be fired if only the department or workshop where she worked is liquidated - she must be transferred to another department of the institution, while maintaining her salary. Very often, women who do not know these subtleties easily sign dismissal documents. A pregnant woman cannot be deprived of her job even in the process of various reorganizations of the company or its renaming, changing the form of management - this is clearly stipulated by law.

Even if the entire management and staff are replaced, a pregnant woman cannot be fired simply because the process does not fit the definition of liquidation of the organization. If the essence of what is happening is hidden from her, she always has the opportunity to get to the bottom of the truth. You need to contact the tax service at your place of residence with a request to make an extract from the Unified State Register of Legal Entities.

We warn you that this service is paid, you will have to wait at least a week for the certificate. Also, in order to receive an extract, you must provide the specialist with a number of information about the company where you work: the main state registration number and individual taxpayer number. This information will be quite enough to find out what is happening with the institution and whether managers can fire a pregnant woman.

At your own request...

The dismissal of a pregnant woman can also occur on her initiative. Circumstances in life are different, so it also happens that the personnel department refuses to sign a pregnant woman’s application, which states that she wants to leave this organization, guided only by her own desire. At the same time, experts refer to the Labor Code of the Russian Federation, which prohibits dismissing pregnant women - allegedly, this is why they cannot sign the document. Know that, precisely for the reason stated above, a pregnant woman can be fired at any time in her interesting position.

Can a pregnant woman be fired if an agreement is concluded between the employee and the employer on the mutual desire to terminate the employment relationship? Yes, in this case, neither party should have any difficulties. In general, in situations where it is the pregnant woman who takes the initiative herself, the law is completely on her side. Therefore, she may quit due to a number of reasons. For example, due to a transition to another job or a change in working conditions, when the enterprise moves to another area.

Simply put, a pregnant woman has every right to leave a company where she does not want to work or if this is not possible for her due to a medical report. However, if in this case the reason was a violation of the rules of the employment contract, then the owners of the company may appear in court.

feel the difference

In situations where a pregnant woman worked in an organization and entered into a fixed-term employment contract, the law works differently. There are two possible cases:

the expectant mother works under a fixed-term contract. In this case, an interesting provision will not allow dismissing a pregnant woman after the end of the contract. True, she will have to write an application asking to extend her contract and attach to it a certificate confirming the pregnancy - only then the employer will not be able to refuse the expectant mother. Otherwise, the pregnant woman may be fired. You also need to be prepared for the fact that the employer has every right to fire a woman after the birth of the baby if the term of the employment contract extended during pregnancy has expired.
a woman works in a company, taking the place of an employee who is currently absent (for example, went on maternity leave). In this situation, the dismissal of a pregnant woman is possible. Her pregnancy will not be a reason for keeping her job, since the law says that the contract is concluded only until the employee she replaces leaves. But there is a nuance here - a pregnant woman who has expressed a desire to continue working for the benefit of this organization cannot simply be fired. The employer is obliged to offer her various options (if they exist) that match her qualifications. In their absence, he must inform her about this in writing. In practice, however, owners forget about this, simply dismissing a pregnant woman who does not know that she could challenge this decision in court.

You won't get fired for absenteeism

By the way, a pregnant woman cannot be fired even if she commits misconduct. For example, he commits absenteeism or appears at work while under the influence of alcohol or drugs. It is impossible to fire a pregnant woman if the woman violates labor discipline, fails to fulfill her duties, divulges trade secrets, and even steals or damages property.

Compared to previous years, modern Labor legislation, of course, more reliably protects a woman from the arbitrariness of the employer and guarantees her certain rights. But still, sometimes there are cases when pregnant women are fired, and on completely legal grounds. Despite the fact that these cases are rather an exception to the norms established by law, it would not hurt to learn about them in more detail.

Dismissal due to expiration of the employment contract

An employer does not have rights to an employee even if her employment contract has expired. By law, the employer is obliged to extend the employment contract, thereby preserving her job for the pregnant woman. The responsibilities of a working expectant mother include providing the employer with a certificate of pregnancy and a corresponding statement.

The employee must provide a certificate confirming pregnancy to her employer upon request, but no more than once every three months. At the end of the pregnancy (if the employment contract has expired by that time), the employee can be legally dismissed by the employer.

Dismissal of a pregnant woman who was replacing an absent employee

If the employment contract of an employee who is temporarily working at the company has expired, the employer has the right to fire her. This provision of Labor legislation also applies to pregnant women, however, the employer is obliged to offer a pregnant employee another position.

This can be either a vacant lower position or a position corresponding to her qualifications. Dismissal of a pregnant woman is possible only if she refuses this offer or if the enterprise does not provide positions that a “pregnant” woman can perform the duties of.

Another case when an employer can fire a pregnant woman legally

Dismissal of a pregnant employee is possible in the event of complete liquidation of the enterprise, its branch or representative office. When dismissing an employee, the company must pay her monetary compensation, the amount of which corresponds to one monthly salary and two monthly salaries for the period of job search.

It is important to know that employees of enterprises that have been liquidated are entitled to all social benefits for child care.

Can a pregnant woman be fired from her job? - a question that worries tens of thousands of working women. Why is it unprofitable for enterprises to have maternity leave workers on staff, and how to properly carry out the dismissal process - we will understand the intricacies of labor relations.

The state guarantees pregnant women protection at the legislative level from illegal actions of their superiors. Failure by the employer to comply with the prescribed standards regarding this category of subordinates may become a reason for bringing him to justice, even criminal liability.

Why then do many managers consider maintaining a job for a woman on maternity leave too troublesome and try in various ways to expel such an employee from the company’s staff?

The arguments they give in justification are as follows:

additional expenses falling on the shoulders of the employer - compensation payments, sick leave, contributions to the social insurance fund (you have to wait several months for their reimbursement from the state);
decreased performance of a pregnant woman (often it is necessary to shift some of the responsibilities assigned to her to other colleagues or transfer her to easier work);
searching for temporary replacement personnel for the period of employee leave regulated by the code.

Therefore, the practice of dismissing pregnant workers is common among businessmen. Legal ways to resolve the issue below.

Dismissal of a pregnant woman at her own request

The most correct way to say goodbye to a subordinate. If the parties part without mutual claims, the person expresses his own will, and not the one imposed by his boss - all questions disappear.

It is important that the pregnant woman knows that she can change her decision within two weeks from the date of filing the application.

Agreement of the parties - what the wording hides

Termination of an employment contract under Art. 78 TC is beneficial to both parties. The manager has the right to offer a woman monetary compensation (the amount is not limited), in addition to all compensation approved by the Labor Code.

By registering for unemployment, a person dismissed by agreement receives an accrual of insurance payments from the day she is entered into the Central Employment Register.

However, when agreeing to terminate the contract, the pregnant woman must understand that she will not be able to terminate such an agreement, just like, in principle, the employer.

Dismissal of a pregnant woman during liquidation of an organization

This method of severing labor relations is possible if the enterprise has ceased to exist legally. Liquidation of branches, reorganization, and staff reductions do not fit this concept.

Remember, according to Art. 180 Labor Code, all employees of a liquidated company are notified two months before forced dismissal in a written document (under signature).

At the same time, Art. 178 of the Labor Code obliges the manager who is winding down the business to issue benefits to employees while maintaining the average monthly salary for up to 2 months, until a new job is found by the laid-off employee.

When is it illegal to fire an expectant mother?

Any cases of dismissal of a pregnant woman, except for those discussed above (own expression of will, liquidation of a legal entity) are considered illegal. Here are the main complaints with which women carrying a baby under their hearts seek legal advice, and explanations for them:

Is it possible to fire a pregnant woman during a probationary period?- It is forbidden. This term does not apply to pregnant women; moreover, pregnant women cannot be assigned a probationary period. If a pregnant woman declared her condition during the probationary period, she must be given a job. This is mandatory even if the results of the interview and activities during the probationary period did not meet the employer’s requirements.

Can an employer fire a pregnant woman for failure to fulfill her job duties?- Can not. Maximum - .

Does an employer have the right to fire a pregnant woman and terminate the employment relationship if the fixed-term employment contract has expired?- No. The employer extends the validity period until the logical completion of pregnancy (Article 261 of the Labor Code of the Russian Federation). Reason: written statement from the employee and a certificate from a medical institution

Is it possible to fire a pregnant woman by issuing an order to dismiss a pregnant woman temporarily occupying the position of another woman if she has returned from maternity leave?- No. The manager is obliged to provide an additional workplace to the pregnant woman until the date of her departure.

Methods of putting pressure on a subordinate in a position and methods of protection

Unfortunately, future mothers rarely decide to confront employers who require them to agree to voluntary dismissal, because the manager has certain levers of influence in his arsenal - here are some of them.

The law prohibits dismissing someone on maternity leave for failure to comply with labor discipline, but the employer has the right to regularly fine, deprive bonuses or impose penalties on undisciplined employees.

Therefore, if before pregnancy an employee committed some violations (often being late, not completing assigned tasks, violating instructions), she will need to thoroughly study the company’s charter and comply with it exactly.

The extreme measure of some directors is to eliminate the position occupied by the pregnant woman. In return, the woman is offered a vacant position where either the salary is lower or the functional responsibilities are radically different.

What can a pregnant woman do if she is forced to leave?

For many, filing a sick leave helps many people work before an official maternity leave - fortunately, pregnant women have a lot of medical indicators for this (from a common cold to the threat of miscarriage).
The Labor Code grants those going on maternity leave the right to take annual leave (regardless of the time they work at a given enterprise) - you can take the required days off by writing a statement addressed to the director.
If a woman understands that the case may end in court, it would be useful to take copies of orders on fines and reprimands, and enlist the support of colleagues who are witnesses to the boss’s illegal actions (insults, threats, etc.).

How to challenge the dismissal of a pregnant woman - under what article?

Labor guarantees for working pregnant women are prescribed by Articles 259, 260, 261 of the Labor Code of the Russian Federation, as well as Art. 145 of the Criminal Code of the Russian Federation. All arising disputes and actual violations are considered by the court.

Every employer who employs representatives of the fair sex should know how to properly fire a pregnant employee.

The ladies themselves must remember: when making a diagnosis: “Pregnant,” you provide the director with a medical document with a doctor’s conclusion!

Only from the moment the manager familiarizes himself with this document do you fall under the protection of state-guaranteed laws! Moreover, you are required to provide medical certificates at certain intervals.

If you submitted your resignation without knowing you were pregnant, you have 14 days to withdraw it! If you hid your position at work and were fired (made redundant), the court will take the employer’s side. Therefore, do not delay in providing a consultation report from the medical authorities - protect yourself!

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call +7 (499) 703-35-33 ext. 738 . It's fast and for free!

Many people probably know that dismissing a pregnant woman at her own request is the only legal option for an employer. But maybe there are others? To know exactly how to protect yourself in such a situation, you need to consider all possible reasons for dismissal, and which of them may affect pregnancy.

Maternity in our country is protected by an employment contract, which spells out in detail all possible options for dismissal at the initiative of the employer. It is necessary to consider the main ones.

The complexity of the situation for the employer, or the law on the side of the pregnant employee

The labor rights of pregnant women in our country are protected by law, as evidenced by Art. 361 Labor Code of the Russian Federation. It talks about preventing dismissal at the initiative of the employer if the employee is in a position and has a document confirming this. It will not be possible to legally dismiss a pregnant employee on the employer’s initiative; her consent will be required.

According to the law, a woman can be on maternity leave, while remaining on the balance sheet of the enterprise and receiving appropriate payments. But this situation is not very desirable for the employer, since it is always difficult to part with money, especially when the employee does not do his job, and payments continue to accrue to him.

In addition, you may need to hire a new employee who will work on a temporary basis and pay him a salary. You also need to know that after leaving maternity leave, the employee must be returned to her position or a similar one that will correspond to her qualifications. It is in connection with this situation that many enterprises are trying to find legal ways to lay off a pregnant employee. And there are not many of them.

There are only 2 legal grounds for terminating the employment relationship with a pregnant employee:

in case of dismissal of one’s own free will or dismissal by agreement of the parties;
reduction due to the liquidation of the enterprise.

Each situation needs to be considered in detail.

Dismissal at your own request and by agreement of the parties

Voluntary dismissal is the only way to legally lay off an employee. The same applies to dismissal by agreement of the parties. In both situations, the employee himself agrees to leave his position. And this is the main condition. The pregnant woman herself must express such a desire, i.e. the initiative should come from her, and not from her superiors. An employer has no right to force by threat or force - this infringes on human rights and is punishable by law.

Termination of an employment contract by consent of the employer and employee is regulated by Art. 77 Labor Code of the Russian Federation. We are talking about a mutual desire to terminate the employment relationship. Both the employer and the employee must agree to dismissal without work, but the initiative must come exclusively from the pregnant woman. This way the law is not broken.

In the event of such a reduction, the employee must sign a document agreement together with the employer (2 copies). Such a document should contain the main points:

The amount that the company must pay to the employee is indicated (this is compensation for loss of work).
The terms for completing the cooperation are negotiated.
Other important points are stated.

The draft agreement between the parties can be drawn up by the enterprise or the pregnant woman herself. The main thing here will be the discussion of all controversial issues. If something happens, the document can be challenged. All changes that are made to the agreement must be recorded in the protocol of disagreements. If the parties have reached a compromise and have no claims against each other, the agreement is signed.

Next, the pregnant woman must write a letter of resignation. In this case, a statement is written based precisely on mutual consent, and not on one’s own will. For an employee, this issue may have a fairly weighty argument in the form of receipt or non-receipt of compensation payments. In case of voluntary redundancy, payments are not accrued. Every pregnant woman who leaves work should remember this nuance.

If a woman decides to write an application of her own free will, then as payments she will receive only a salary for the time worked and compensation for unused vacation. Such processes are regulated by Art. 78 and 80 of the Labor Code of the Russian Federation.

The main thing that management should remember when dismissing a pregnant woman is her own desire, which comes from her.

Dismissal due to liquidation of the enterprise

Another legal way to fire a pregnant employee is to liquidate the company itself. In this case, the employer, forced by circumstances, will have to fire the entire staff. If the branch where the pregnant woman worked is closed, she should be offered a transfer to the main office. And if this does not suit her, then she can write a letter of resignation without working off. This situation can happen at any time, and, regardless of the stage of pregnancy, the company’s actions will be similar:

Give 2 months notice of cessation of business activities.
The warning is issued in writing and must be signed by the employee.
After dismissal, the employee must be paid severance pay.
Additionally, after dismissal, the average monthly salary may be paid until the moment of new employment, but not more than 2 months.
In the event of liquidation of a branch, a pregnant girl can be transferred to the main office (such an offer must be submitted in writing).

In case of bankruptcy, dismissal will take place according to the same scheme, only the process will no longer be led by the enterprise itself, but by bankruptcy management.

These provisions will be valid if an employment contract (fixed-term and open-ended) has been concluded with the employee. Dismissal processes related to an employment contract that has expired need to be considered in more detail. Some unscrupulous employers, taking advantage of ignorance, can force a worker in a position to write a statement, which is inherently illegal.

Pregnancy and employment contract

An employment contract, which is concluded between an employer and an employee, can be fixed-term (up to 5 years maximum) or indefinite. In the case of the 2nd option, the situation will develop according to the already known pattern, i.e. dismissal occurs only at the request of the employee herself, with or without working days (discussed with management in each specific case). The specifics of dismissal under a fixed-term employment contract will be the same, but there are still nuances that need to be considered.

If the employment contract ends and the woman is pregnant, the employer is obliged to extend it. This is regulated by Art. 261 Labor Code of the Russian Federation. The reason for extending the contract must be written confirmation of pregnancy. In this case, pregnancy will have to be confirmed every time at the request of management, but no more than once every 3 months.

The difference between a fixed-term and an open-ended contract regarding the dismissal of a pregnant woman is the fact that in the first case, the employer can dismiss the employee without working out the days immediately after giving birth (if the contract term has expired). With an open-ended contract, a woman is assigned a place, and she receives payments from the company throughout her maternity leave, and after that she can go out and work there again.

The main thing to remember in this case:

If the contract expires, dismissal can occur only after the birth.
If a woman worked under a fixed-term contract and took someone else’s place, then at the end of the term she can be fired without working days (first she must refuse all offered vacancies available at the enterprise; vacancies must correspond to her qualifications and state of health).

In case of any controversial issues, a woman can challenge the dismissal by contacting the relevant authorities.

How to protect yourself and where to challenge illegal dismissal?

With an open-ended contract, employers rarely lay off pregnant workers without working time, since many are aware of the illegality of such dismissal and immediately begin appealing it. Dismissal under a fixed-term contract is not so covered, so most often the reason for dismissal of an employee is precisely the expiration of the term. Employers take advantage of ignorance and deprive pregnant women of their rights. In the event of an unlawful layoff, a dismissed employee may apply to the appropriate authorities to protect his rights. You need to contact us as soon as possible. The law gives 30 days to challenge the illegality of dismissal after receiving the work record book or after receiving a copy of the dismissal order.

You can contact us to protect your rights: