The employer fired the pregnant woman. Preparation of personnel documents

- not always in the interests of the employer. A pregnant woman needs special working conditions, registration of social benefits.

Today it often happens that an employer finds several reasons to future mom no longer worked for his organization. How possible is the realization of the wishes of the leaders, and will the dismissal be legal? It is worth looking into in more detail.

Possible reasons for the dismissal of employees

According to the Labor Code of the Russian Federation, termination can be made by the employer on the basis of Art. 81.

These grounds can group in the following way:

1. Guilty actions of the employee. This includes repeated failure to perform duties by an employee, being late for more than 4 hours, violations of labor protection requirements that entailed a threat to others and the property of the organization, etc.
2. Inconsistency in the skill level of the employee, identified by the results of certification.
3. , change of ownership.

The reasons for the dismissal of an employee can also be established not only on the basis of the Labor Code, but also on other federal laws.

Can an employer use all of the above circumstances in its favor to fire a pregnant woman?

Reasons for the legal dismissal of a pregnant woman

It is worth clarifying the fact that every pregnant woman has the right, but in this case she will not receive money for, will lose additional payments, which are charged by the social fund, only to working women.

Size monthly allowance child care for the unemployed is calculated depending on. Workers receive it as a percentage of s, which is often an order of magnitude more. If the employer forces the employee to write a letter of resignation for own will under no circumstances should this be done.

The Labor Code does indeed contain a number of articles that provide for and allow an employee to be fired, regardless of its position:

• The term of the employment contract has ended. In the case of such a situation, a woman is not left without the support of the state. There is an exception for pregnant women.
  In the event that a woman was employed in the place of another employee, at the time he entered the workplace, the employer is obliged to provide vacancies for those suitable for the qualification level of the pregnant woman and taking into account her state of health. If there are none or the employee refuses to take them, then it will be legal to dismiss the employer in accordance with Art. 77 of the Labor Code of the Russian Federation, clause 2.
• Changing the terms of an employment contract (Article 77 of the Labor Code of the Russian Federation, clause 7) and refusal to transfer to another locality (Article 77 of the Labor Code of the Russian Federation, clause 9) can also serve as a reason for the dismissal of a pregnant woman. Transfer of the organization's activities to another locality, change in technical working conditions or organizational issues All of these factors can be grounds for terminating an employment relationship.
  If the working conditions of the expectant mother change so much that they cannot be satisfied with her capabilities, all possible measures should be taken to continue the employment relationship. Transfer to another position is also appropriate here.
• Circumstances beyond the control of the parties to the contract. Liquidation of the organization, termination of the activities of individual entrepreneurs, reductions, change of ownership.

Indeed, the closure of the enterprise can serve as a reason for dismissal on legal grounds. But here it is worth taking into account the fact that the date of dismissal should be the date the enterprise was excluded from.

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Reasons not leading to dismissal

Often, unscrupulous employers who do not want to associate their business with pregnant women intimidate them with dismissal with a negative entry in. It is important for everyone to know that in no case can he do this.

Dismissal due to absenteeism, disciplinary violations, probation, guilty actions of the employee - all these are not reasons for terminating the employment contract.

Regarding these violations on the part of a pregnant employee may be appointed:

• disciplinary actions;
• deprivation of premiums;
• fines, etc.

The nuances of firing a pregnant employee

Although the options for termination of employment have already been considered, it is worth considering a few more situations in relation to which dismissal can still occur.

An employee arranged according to is vulnerable.

Dismissal can only occur on the basis of two factors:

Before informing the employer about her situation, every pregnant woman needs to register with the antenatal clinic and receive a proper certificate there.

If the employer is aware with the presentation of a certificate, then even the expiration of a fixed-term employment contract cannot cause a break in the employment relationship. Even if the term of the contract has expired, a woman who has provided a certificate from the antenatal clinic about her situation can write an application addressed to the head of the organization to extend the term of the contract. To which the organization is obliged to extend the validity until the end of the pregnancy.

The organization may require periodic confirmation of the position of an employee no more than once every three months. On graduation day maternity leave the employment contract ceases to be valid.

Finding a pregnant woman also cannot be a reason for dismissal.

The Labor Code of the Russian Federation establishes that the duration of the probationary period cannot exceed three months. In the event that an employee informs her employer of the pregnancy, the probationary period is automatically terminated and the employment contract becomes permanent. It is worth clarifying again that in order for the employer to establish the position of his employee, you need to provide a certificate. Otherwise, he can fire her without breaking the law.

The dismissal of a working pregnant employee is also impossible. Calculation of payment during maternity leave, as well as other social benefits, is made in the organization, which is the main place of work.

A woman who is expecting the birth of a child and who is a temporary worker in an organization cannot be dismissed at the initiative of the employer. She was hired on a fixed-term contract. Dismissal can occur only if there are no vacancies in the organization or any other options offered by the employer to the employee did not suit her.

Features of the dismissal of a pregnant woman at her own request

Like any other employee, a pregnant woman has the right to express a desire to quit or change jobs. Laws do not restrict women in this. The procedure is similar to the dismissal of an employee out of position.

But there are situations when the employer does not allow the employee to quit of her own free will. Such cases are much less than forced to dismiss, but still they are present. So, what should a woman do who does not want to strain during this period or just change jobs? How legit refusal of the employer to dismiss?

In order to ensure a more accurate communication of information to the employer, you need to draw up. Circumstances may require immediate dismissal, without working off, here it is imperative to indicate the reasons. The employer can only refuse to dismiss without working off, otherwise there are no legal grounds for retaining an employee. Otherwise, if the employer threatens not to pay the calculation or by other methods, you need to contact law enforcement agencies.

Getting fired no matter what

Situations where an employer, not embarrassed to break laws and not afraid of retribution, nevertheless fire a woman for her peculiarity, still occur quite often. What to do in this case, a pregnant woman and where to turn for help?

There are many options and a woman will not be left without protection.

If, nevertheless, the woman was fired, then the inevitable will be trials. Place to go:

1. Labor inspection of the region or city. Here you can both write a complaint and get legal advice. They will help you compose.
2. The court located in the area where the employer's organization is legally registered.
3. Lawyer of the antenatal clinic, where a pregnant woman is registered.

For a more successful outcome of the case, a woman planning to sue her employer should provide as much evidence in her favor as possible: documents, photocopies, bring witnesses, etc.

Husband and pregnancy

European countries have long been practicing maternity leave not for moms, but for dads. In Russia, such a trend is hardly noticeable, but still, every man, in accordance with the law, has every right to receive child care benefits for the entire period of maternity leave. Dismissal, without the consent of the man, at the initiative of the employer is also impossible. In general, all the rights that protect pregnant women apply in this case to the baby's dad.

It is possible to use parental leave by dividing it into parts between the parents.

The rights of a person preparing to move to another stage of his life must be respected at the best level, and in case of their violation, protection must act decisively.

Features of the procedure for dismissal of a pregnant employee are discussed in the following video:

To carry out the dismissal of a pregnant woman, in some cases, is possible. It is necessary to refer to the norms of the current legislation, and find out what the legal nature of the dismissal is. And can a pregnant woman be fired if she violated labor discipline, or is the enterprise simply liquidated. It is worth knowing that the dismissal of a pregnant woman at the initiative of the employer is possible only in certain situations, an exhaustive list of which is given by the law. There are not many of them, so the law protects the rights of expectant mothers.

Can a pregnant woman be fired?

There is no definite answer to this question. On the one side - Labor Code contains rules that allow the dismissal of a woman, but on the other hand, the legislator took care that there was no abuse of such situations, and specifically specified the list of legal grounds for the dismissal of a pregnant woman. You can fire a woman "in position" if:

1. her wishes;
2. agreements between the employee and the enterprise (such an outcome of the event is most common in everyday practice);
3. at the initiative of the employer (but only in some cases, which we will consider below).

It turns out that the employer is simply obliged to dismiss a pregnant woman if she herself wrote a letter of resignation and wished to quit the enterprise. This statement is also true if the pregnant woman is dismissed in agreement with the employer. Both the civil and labor laws of the country give priority to the consent of the parties, even if they contradict the obvious rights of the employee. After all, it is no secret that many unscrupulous employers hide behind this article, as soon as they find out that the employee is pregnant, and fires her by agreement of the parties.

Moreover, such a wording is generally the most acceptable for the employer in any case, because there is no intent and initiative of the employer to dismiss a pregnant woman. This is what many firms and corporations in our country use quite successfully.

How to fire a pregnant woman on her initiative

A pregnant employee has the right to write a letter of resignation. Regardless of the situation, she is legally obliged to work the allotted time. In emergency cases, when, for example, she needs to move to another city, or because of her health, she can indicate in her resignation letter a request to the employer, fire her on a specific day. But, again, this is the right of the employer to make a concession and dismiss the employee on the date she wants, and not an obligation.

Suppose the following outcome of events: a pregnant woman wanted to quit, but in last moment changed her mind. In this case, if an employee who is prohibited by law from being denied employment was not taken in her place, the employer is obliged to extend the employment relationship with the pregnant employee.

Therefore, if an employee wrote a letter of resignation, after which she decided to continue the employment relationship, but the employer fires her, the court will regard such an act as the initiative of the employer.

On its own initiative, the employer may dismiss a pregnant woman, on the basis of Art. 261 of the Labor Code, which contains cases when, nevertheless, the law allows for the dismissal procedure. First of all, this is the liquidation of an enterprise, or the termination of activities by an individual entrepreneur. But upon liquidation of the enterprise, the pregnant woman must be notified of the upcoming dismissal two months before the expected date.

What can a pregnant woman be fired for?

If, nevertheless, there is an initiative of the employer, then it must be taken into account that the reason and motivation for dismissal is indeed legal. At the initiative of the employer, a pregnant woman may be fired if:

1. An enterprise in which a pregnant woman works is liquidated without succession;
2. If a pregnant woman works for an entrepreneur who ceases to operate;
3. If a temporary employment contract has been concluded with a pregnant woman until the employee who is listed in this position as the main employee enters work;
4. If a pregnant woman refuses to accept the change in working conditions that have occurred at the enterprise;
5. If the organization has changed ownership, and the pregnant woman refuses to work in the new organization

At the same time, if an employee has entered into a temporary employment contract with the enterprise, after its expiration, she cannot be dismissed if she did not perform the duties of a temporary employee. That is, if a temporary employment contract was concluded with an employee, and its validity period has expired, the pregnant woman remains on this enterprise with pay until the end of her pregnancy. The employer has the right to demand from her confirming certificates of the state of pregnancy, no more than once every three months.

When dismissing a woman, after the end of her pregnancy, it is important to observe the weekly term for dismissal. In accordance with Art. 261 of the Labor Code, the employer has the right to dismiss the employee precisely within a week, after he learned that the employee's pregnancy status had ceased.

In the event that an employee whose duties were performed under a temporary employment contract by a pregnant woman returns to work, the employment contract may be terminated with her. Just not right away. Initially, the employer must offer the employee all the vacancies he has at this place of work, which correspond to her qualifications, and which she will be able to perform in her position. If there is no such place to work, dismissal occurs according to the general procedure. The wording of the dismissal should indicate that the contract with the employee was terminated due to the exit of the employee, whose duties she temporarily performed at this enterprise.

How to fire a pregnant employee

In addition to the reasons indicated above, it is allowed to dismiss a pregnant employee if the employer has changed its location, moved to another locality, and the pregnant woman also refuses to move, or change her place of residence to another locality. In this case, it is necessary to indicate in the work book a reference to Art. 77, part 1, clause 9 of the Labor Code. After all, such a reason for dismissal does not apply either to the initiative of the employer or to the initiative of the employee.

In addition, there are a number of questions about whether a pregnant woman can be fired during a probationary period. And the answer here is unambiguous and categorical - it is impossible. The fact is that the law prohibits the establishment of a probationary period for a pregnant woman. Thus, if an employee who got a job with a probationary period found out during its passage that she was pregnant, she must transfer to the employer a document confirming her position (medical certificate). After that, the employer is obliged to issue it on a permanent basis under the employment contract that was concluded between them.

The employer simply cannot dismiss an employee if it becomes known that she is pregnant.

Unfortunately, there are often situations when an employee is going to leave the enterprise by agreement with the employer. The agreement between them is signed. And so, before her departure, she finds out that she is pregnant, and changes her mind about leaving. What should an employer do in such a situation? Dismiss, as expected, by agreement of the parties. About what, a corresponding mark is made in the work book. If, of course, the employer wants to extend the employment relationship with the pregnant employee, he has the right to leave her at the enterprise. But only the written agreement and all agreements reached should be cancelled.

The opinion of judicial practice, in particular, the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004, indicates that if an employee and employer reach an agreement to terminate the employment contract, the employee may be dismissed. Regardless of his condition. Therefore, a pregnant woman can be dismissed by agreement of the parties, on the basis of Art. 78 TK, even if she "changed her mind" at the last moment.

Legislative analysis

Thus, summing up, it can be noted that the right of the employer to dismiss a pregnant employee is severely limited. It is this situation that becomes the reason why employers are distrustful of hiring young employees. After all, she cannot be fired, even for being late, and absenteeism cannot be imputed, since for a pregnant woman all circumstances are valid, since the state itself implies this respect. But this is rather an exception to the rule. As a rule, pregnant women are well aware that this temporary condition will pass, and everyone wants to keep a place where they can return to work after the decree.

If the situation does not allow a pregnant woman to be left at work, she can be fired at the initiative of the employer, in the event of the liquidation of the organization, or the termination of the activity by the entrepreneur. It is important to note that, in case of reorganization of the enterprise, or liquidation with the transfer of the rights and obligations of the enterprise to another legal entity, the dismissal of a pregnant woman, however, is not allowed.

The law does not prohibit the dismissal of an employee if she herself wanted to leave work, or, in the case of a preliminary agreement with the employer. When changing the form of ownership of the enterprise, or when the employer moves to a new place, the employee may object to the move, or to a change in working conditions. In this case, the employee can also be fired during her pregnancy.

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

The state guarantees pregnant women protection at the legislative level from non-legal actions of superiors. Non-compliance by the employer with the prescribed norms regarding this category of subordinates can be a reason for bringing him to responsibility, up to criminal liability.

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

The arguments they give in justification are as follows:

• additional expenses that fall on the shoulders of the employer - compensation payments, sick leave, contributions to the social insurance fund (their reimbursement from the state has to wait several months);
• a decrease in the working capacity of a pregnant woman (it is often necessary to shift part of the duties assigned to her to other colleagues or transfer her to easier work);
• search for temporary substitute personnel for the period of the employee's vacation regulated by the code.

Therefore, the practice of firing pregnant workers among businessmen is common. Legitimate ways to resolve the issue further.

Voluntary dismissal of a pregnant woman

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 will imposed by the 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 application.

Agreement of the parties - what the wording hides

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

Becoming registered for unemployment, a person dismissed by agreement receives the accrual of insurance payments from the day she is entered in the register of the CZ.

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

Dismissal of a pregnant woman upon liquidation of an organization

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

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

At the same time, Art. 178 of the Labor Code obliges the manager winding up the case to issue benefits to employees while maintaining the average monthly salary for up to 2 months, until new job the laid-off employee will not be found.

When is the dismissal of a future mother illegal?

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

1. Can a pregnant woman be fired on probation?- It is forbidden. This term does not apply to pregnant women, moreover, pregnant women cannot be given a probationary period. If the pregnant woman declared her condition during the probationary period, she should be issued a job. This is mandatory even if the results of the interview and the activities during the trial period did not meet the requirements of the employer.

1. Can an employer fire a pregnant woman for not fulfilling her job responsibilities?- Can not. Maximum - .

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

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

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

Unfortunately, future women in labor rarely dare to resist employers who require their consent to voluntary dismissal, because the manager has certain leverage in his arsenal - here are some of them.

The law prohibits the dismissal of a person who has gathered on a decree for non-compliance with labor discipline, but the employer has the right to regularly fine, deprive bonuses or impose penalties on undisciplined employees.

Therefore, if an employee committed some violations before pregnancy (she was often late, did not complete assigned tasks, violated instructions), she will need to thoroughly study the charter of the enterprise and follow it exactly.

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

What can a pregnant woman who is forced to leave do?

1. To work before the official decree, many are helped by taking a sick leave - fortunately, there are a lot of medical indicators in pregnant women for this (from a banal cold to the threat of miscarriage).
2. The Labor Code gives those leaving on maternity leave the right to take advantage of annual leave (regardless of the time they work at this enterprise) - you can take the days off by writing a statement addressed to the director.
3. If a woman understands that the case may end up in court, it would be useful to make copies of orders for fines and reprimands, enlist the support of colleagues who are witnesses to the illegal actions of the boss (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 disputes and actual violations are considered by the court.

Every employer who has the fair sex on staff 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 opinion!

Only from the moment your manager reads this document, you fall under the protection of state-guaranteed laws! Moreover, you are required to provide medical certificates and further 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 (reduced), the court will take the side of the employer. Therefore, do not delay with the provision of a consulting opinion from the medical authorities - defend yourself!

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, moreover, on completely legal grounds. Despite the fact that these cases are rather an exception to the norms established by law, it will not be superfluous to learn more about them.

Dismissal due to the expiration of the employment contract

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

An employee must provide a certificate confirming pregnancy to her employer at the first request, but not more than once every three months. At the end of the pregnancy (if the term of the employment contract has expired by that time), the employee may be legally dismissed by the employer.

Dismissal of a pregnant woman who replaced an absent employee

If the term of the employment contract of an employee who temporarily works at the enterprise has expired, the employer has the right to dismiss her. This provision of the Labor Legislation also applies to pregnant women, however, the employer is obliged to offer another position to the employee "in position".

This can be either a vacant lower position or a position corresponding to her qualifications. The dismissal of a pregnant woman is possible only if she refuses this offer or if the company does not provide for positions that a woman “in position” can handle.

Another case where an employer can legally fire a pregnant woman

The dismissal of a pregnant employee is possible in the event of the complete liquidation of the enterprise, its branch or representative office. Upon dismissal of 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.

Dismissal of a pregnant woman, contrary to the prevailing stereotype, is not always the result of coercion by the employer. There are also a number of objective reasons why the continuation of labor relations with a pregnant employee becomes impossible.

Is it possible to shorten a pregnant woman?

Pregnancy is a happy time for a woman, but the interests of the future mother do not always coincide with the interests of the employer. An employee in a position requires special treatment, she is entitled to payments, paid leave, easier working conditions ... In some cases, the continuation of an employment relationship becomes unacceptable to the parties.

The employer experiences the greatest difficulties, therefore it is he who most often seeks to break the employment contract. But the possibilities of the employer are limited by law, since most of the ways of dismissal in the event of an employee's pregnancy are prohibited. Most - but not all, and the expectant mother needs to know about those cases when the dismissal of a pregnant woman is allowed.

It is conditionally possible to divide all options related to the dismissal of a pregnant woman into 3 types:

• dismissal at the initiative of the employer;
• dismissal at the initiative of the employee;
• dismissal due to a number of circumstances that are external in relation to the parties to the employment contract.

Let's consider all 3 types separately.

Is it possible to lay off a pregnant woman at the initiative of the employer?

Article 81 of the Labor Code Russian Federation provides a list of grounds for the dismissal of employees at the initiative of the employer. But only 1 point out of 14 is valid for the dismissal of a pregnant woman - this is the liquidation of an organization or the termination of the activities of an individual entrepreneur. Dismissal on any other ground provided for in Article 81 will be unlawful. If the employer is individual, the dismissal of a future mother at the initiative of the employer, according to the Labor Code of the Russian Federation, is impossible in any case.

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Important! The date of liquidation of the organization is the date of its exclusion from the Unified State Register of Legal Entities, and not the date of commencement of bankruptcy proceedings. Thus, until the end of bankruptcy proceedings, pregnant workers cannot be dismissed.

Women who are forced to write a letter of resignation of their own free will, threatening to make an “ugly” entry in the work book, should know: it is impossible to fire a pregnant employee at the initiative of the employer even because of absenteeism, disciplinary sanctions, inappropriate position or theft.

The same rules will apply to an employee who is on probation. As soon as the employer is notified of the woman's pregnancy (this will require registering for pregnancy and submitting an appropriate certificate from a medical institution), the probation period ends and all the provisions of the Labor Code of the Russian Federation that protect her begin to apply to the woman (see. When and how should I register for pregnancy?).

Important! The main guarantees relating to working pregnant women are given in articles 93, 253-261 of the Labor Code of the Russian Federation.

Is it allowed to dismiss a pregnant woman at her own request?

There is a possibility of dismissal of a pregnant woman of her own free will, although there is a misunderstanding of the legislation in this case. Some organizations, knowing how suspicious labor inspectors are in such cases, try to avoid firing an employee. Indeed, if a woman later declares that she was forced to write a statement, the labor inspectorate will take her side.

Nevertheless, the dismissal of a pregnant woman of her own free will is possible on a general basis, including the possibility of granting leave with subsequent dismissal. In the latter case, however, a situation may arise in which, during the next vacation, a pregnant woman will have maternity leave.

If during a leave with subsequent dismissal a pregnant woman takes maternity leave, then the next leave is extended for a period of temporary disability, and sick leave is submitted for benefits to the organization that is the employer. Only after the end of the maternity leave, as well as the next leave, the woman is considered dismissed.

At the request of a pregnant woman, she can also be fired in the order of transfer (Article 77 of the Labor Code of the Russian Federation, paragraph 5) or in connection with a change in the owner of the organization's property (Article 77 of the Labor Code of the Russian Federation, paragraph 6).

Dismissal of a pregnant woman under a fixed-term employment contract and other unavoidable circumstances

There are situations when the dismissal of a pregnant employee is provided for by an employment contract or must occur due to the prevailing circumstances. These situations include:

1. Expiration of the labor contract (Article 77 of the Labor Code of the Russian Federation, clause 2)
2. Legislation in this case gives expectant mothers special guarantees, however, in some cases, dismissal is still possible. Normally, the expiration of an employment contract is the basis for terminating an employment relationship, but in the case of a woman in a position, there is one exception.

   If the parties consider the employment relationship to be exhausted, then it ends in the usual manner. But at the request of a pregnant woman, the employer is obliged to extend the employment contract with her until the end of the pregnancy, even if it is urgent.

   To do this, a woman needs to write a statement and submit a document (certificate from the medical institution in which the woman is observed) confirming the fact of pregnancy. Subsequently, such a certificate will need to be submitted to the employer at his request (but not more than 1 time in 3 months). After the end of the employee's pregnancy, the employer has the right to terminate the contract within 7 days from the moment he was made aware of this fact.

   Important! If a pregnant employee performed the duties of a certain employee, then when this employee enters work, the employer can offer her all the vacancies that the company has, corresponding to the employee’s qualifications and her state of health. If there is no suitable vacancy or the employee refuses to take it, the employer has the right to fire her.

3. Changing the terms of an employment contract (Article 77 of the Labor Code of the Russian Federation, clause 7) and refusal to transfer to another locality (Article 77 of the Labor Code of the Russian Federation, clause 9)

   A change in the terms of an employment contract, including a transfer to another locality, can also become the basis for terminating an employment relationship with a future mother. If the organization transfers its activities to another place or the technical or organizational working conditions have changed so much that they no longer satisfy the capabilities of a pregnant employee, then this is the basis for terminating the employment relationship.

   What will happen if the organizational or technological process at the enterprise changes so much that the position in which the expectant mother works is reduced or the working conditions are incompatible with her position? In this case, the woman must be offered every opportunity to continue the employment relationship with the employer, including the transfer to another position. If they are not found or none of them fit, the employment contract will be terminated.

4. Other circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation)

   The Labor Code of the Russian Federation provides for a number of circumstances in connection with which the dismissal of a pregnant woman may occur. Among them:

   • reinstatement of the employee by a court decision at the previous place of work;
   • recognition of the employee as completely incapable of continuing work;
   • disqualification or expiration of permits or licenses, if they are required for the performance of official duties, and so on.

     These circumstances are not the initiative of the employer and may serve as a reason for dismissal, however, for a number of reasons, the employer is obliged to offer the employee the possibility of transferring to another position available for execution.

Thus, the Labor Code of the Russian Federation provides the employer with a fairly large list of grounds for dismissing a pregnant woman in cases where this is really justified and has no alternative solution.