It is important to know future mothers: can be dismissed pregnant on probation.

The probationary period is required to verify a person for its compliance with the position. According to the results of this period, the employer decides to leave an employee in the state or dismiss.

The Labor Code of the Russian Federation contains the basic rules for conducting the audit. It also reflects some categories of workers who have special conditions in. Among them are distinguished women in a special position.

There are also various subtlety of labor relations with such workers. Often there are issues of employers, it is possible to dismiss the pregnant on the probationary period. The Labor Code of the Russian Federation does not give an explicit response. Therefore, each case should be considered individually.

General

Relations between the employee and the employer are governed by the Labor Code of the Russian Federation. It also has the procedure for the passage of the test period by a candidate for the position. It is worth noting that the law in principle does not include the concept of "trial period". Article 70 of the Labor Code of the Russian Federation marks the procedure for passing the employee "Tests", without specifying its duration.

Legally (part 1 of article 70) determines the possibility of establishing a test when receiving a person only if this rule is reflected in the employment contract. The maximum check can last from two weeks to six months. The position and nature of the relationship with the employer is affected by the employee.

Losts the test most often no longer than three months. The minimum limit of the duration of the check is not provided. Therefore, the employer can establish it even in the form of one day.

If there is a note in the labor agreement on the passage of the probationary period, the employee may fire if it does not meet the requirements. Also, an employee can independently seal the desire to stop labor relations.

In order for the employer to legitimately dismissed a person, he needs to prove the fact of his inconsistency of his position. This is necessary for the impossibility of challenging its actions in court.

When dismissing the part, the parties notify each other about this decision no later than three days. In accordance with the requirements of Part 3 of Article 14, a calendar count is conducted.

If the employer does not ignite the employee about the dismissal after the test period, then labor activity will be continued on legal grounds. Dismissal in the procedure provided by law will be considered impossible.

Privileges for women in position

For future mothers, special conditions have been created in the exercise of work.

They may be:

• reduced the rate of development per day;
• reduced working day;
• the ability to independently regulate the labor schedule;
• the working conditions have been changed, as a result of which the threat to the health of mom and child is excluded;
• additional breaks for rest are introduced.

These benefits are provided only if there is an official document confirming the pregnancy. Such is a certificate issued by the gynecologist of the female consultation.

Weightful privileges can be attributed to the impossibility of dismissal of pregnant even in the event of a state reduction. Also, women in the position are not attracted to the passage of the probationary period. In granting a certificate of confirmation of pregnancy, the employer must accept a worker for a permanent place.

Setting a trial period for this category of collaboration

Chapter 41 of the Labor Code of the Russian Federation does not find out the issue of determining the test of pregnant women. But in accordance with Part 4 of Article 70, the Labor Code of the Russian Federation provides for a ban on such a period at the occurrence of pregnancy.

In accordance with the legislation, the employer cannot:

• establish for a worker probationary;
• include an item on the obligatory passage of the inspection of pregnant women in the employment contract;
• to accept written consent from the workers to the passage of the test period.

It is important to note that the employer cannot check the presence or absence of pregnancy at the time of the employment of the woman. The worker should not notify the leadership of this fact. At the same time, it is impossible to exclude the likelihood of the occurrence of conception already at the time of the passage of the test period or acceptance.

If a woman learned that she was pregnant, during the period of checking, its rights and warranties could not be limited. This norm is reflected in Part 2 of Article 9 of the Labor Code of the Russian Federation.

In accordance with the law, it can be concluded that a pregnant woman cannot be installed in principle. When this fact is clarified at the time of its passage, the check must be discontinued, and the employee is accepted.

Is it possible to dismiss the pregnant on probation

The test is not installed for workers who carry a child and having children up to 1.5 years. If the fact is found out when checking, then after providing a confirmation certificate, the transfer of an employee to a permanent place.

Some employers do not know whether it is possible to dismiss the pregnant on the probationary period. It is categorically prohibited. After all, when applying a woman to court, she will be able to easily recover.

On the basis of Article 64 of the Labor Code of the Russian Federation, illegal will be considered and refusing to a future mother in the design. Even if the woman hid the fact of having a child from the employer, he will have to work without any problems.

In the case of dismissal of employees during the test period, the fact of pregnancy was not known to the employer, it is possible to restore it in office through the court. With the ignorance of the manual, compensation payments will not be accrued.

In some cases, to prevent such situations, employers in the testing period are signed with an employee not labor, but a civil contract. In the case of a successful audit, a full-fledged employment agreement is concluded.

If a worker has not passed the test, the document may not be extended. But in case of alerts of the woman of the leadership of his position and the subsequent decision making not to enter into an employment contract, the employer can be held accountable. After all, the labor inspectorate will be on the side of the future mother.

A similar opinion is also in judicial authorities. The employer will have to documely confirm every effect so that it is not so severe punishment.

Sample of the employment contract with a trial period:

If no one knows

But the future mother, having learned about the fact of pregnancy, can attempt to recover in office. The legislation of Russia provides for the obligations of organizations, IP to accept a worker and the absence of the right to refuse.

Violation of discipline and unsatisfactory result of passing

Missing the employee can when:

• absturbation;
• non-fulfillment of own obligations;
• other circumstances.

This rule is prescribed by Article 81 for all employees. But pregnant women does not allocate a separate point. In this case, it is necessary to focus on Article 361, which does not give such a right to the employer. He can only make a woman comment, reprimand or not to pay for.

It is impossible to stop labor relations under any circumstances. The period is not taken into account when the employer learned about the interesting position of a worker or a woman pregnant.

Some bosses refuse a woman due to the inconsistency of the position. But article 71 of the Labor Code of the Russian Federation provides that a pregnant employee is prohibited to create unacceptable working conditions. If the norm is non-compliance, the official can be brought to criminal liability.

Liquidation of the enterprise or reduced staff

It is possible to dismiss the future mother only in one case - when eliminating the organization or its bankruptcy. The norm is prescribed in Article 61 of the Labor Code of the Russian Federation. This applies to cases when the company completely ceases to exist, and does not become the property of another owner.

Woman notify in advance. Make an employer must this no later than two months before dismissal. A worker can count on the day off, whose size is equal to the average monthly salary, as well as compensating for disorder during the month.

Dismissal is possible when a branch of a company, located in another subject of the state, is allowed. Such rules are provided for the employer to ensure that the employer is not responsible for the employment of those who remained without work.

In some cases, the company continues to exist, but posts are subject to reduction. Exclude a pregnant woman from the state in this order is impossible.

If the position still needs to be reduced, then pregnant must offer another. She cannot worsen the situation of the future mother and affect her health.

Salary on a new position may differ, be lower. Often this option is used so that the employee does not agree to the conditions and fired at their own request.

By agreement of the parties and your own accord

In accordance with Article 77 of the Labor Code of the Russian Federation, relations on mutual agreement may be discontinued. The ability is provided for in any period of time.

In this case, not required to warn about dismissal. A woman will not be able to count on payday benefits after the cessation of relationships. In the last workday employee issues documents and make calculations.

Pregnant women can challenge the decision in the judiciary. If she proves that the employer pressed at her at the time of signing the agreement (which is very difficult to do), then it will be restored in position.

In accordance with Part 3 of Article 77 of the Labor Code of the Russian Federation, the dismissal of a pregnant can be connected with her personal desire. In this case, in 14 days, she writes an application for the name of the manual. Termination is conducted from the next day when the document is transferred to the personnel service.

During the period of two weeks, the future mother can change its decision. But the dismissal will be made anyway, if another employee has already managed to take into its place the appropriate order.

Some women go on vacation with subsequent dismissal. The employer may encounter difficulties if pregnant during this period will leave on vacation on the Bir. Then the workplace behind it is preserved after the provision of hospital.

Responsibility of the employer

With the illegal dismissal of a pregnant woman, the employer can be prosecuted. It will come in accordance with Article 145 of the Criminal Code of the Russian Federation.

The norm reflects that the unauthorized failure is punishable by a fine, the maximum size of which is 200,000 rubles. Also, the employer can pay a salary for 1.5 years. In more severe cases, it will be attracted to the passage of correctional work within 180 hours.

Sometimes the punishment softens for the employer. This is possible if he manage to prove the state of ignorance against the fact of pregnancy a woman when dismissal.

Protection of rights in court

Female workers are often referred to the judicial authorities for their recovery in their position when dismissing during pregnancy. For example, Citizen Semenova A.V. The claim was filed. It was reflected that it was hired to work at the Colosseum LLC with the passage of the probationary period for four weeks. At the end of the inspection, the employer decided not to continue labor relations in connection with the inconsistency of the post.

A woman during the above four weeks provided a certificate confirming the fact of pregnancy. In accordance with all circumstances, a court decision was taken on the restoration of a woman in office and admission to work in the Colosseum LLC.

Court to considerate the case, a woman must for 14 days after dismissal.

Pregnant women cannot be not only dismissed, but also attracted to the passage of the trial period. To break labor relations with the employer to them is available at their own request or at.

The issue of labor relations is always interested in both employers and employees. Their relationship is settled in the Russian Federation through the Labor Code, regulating the right and obligations of both subordinates and managers. This article will be devoted to the issue of pregnancy and test term at work.

Not always, future mothers know their benefits and privileges in the workplace. Often, a woman in the position is very easy to offend and even fool.

So what to do if the pregnancy of one of the workers finds out on the probationary period? Let's find out.

What is it for the period

According to the Labor Code of the Russian Federation, the probationary period is the necessary period of time during which the head of the enterprise is posted for its employee in order to find out whether it consists of the position. Usually, this period lasts no more than six months.

All provisions of the probationary period are governed by Russian legislation. For example, the Labor Code allows the employer to dismiss the employee who did not like him quite quickly and without delays, without coordinating this decision with the trade union.

In accordance with the Labor Code of the Russian Federation, the trial period allows the employee to look at the post of interest to his position, try himself in a new business and try to get used in the workplace. Even if a person for some reason is not suitable for the head of the enterprise, it will still be in winning, since for the spent period will receive not only salary, but also the official experience, experience and the necessary skill.

In this article we will discuss this situation when a woman goes to work and recognizes on the probationary period that is pregnant.

What to do a future mother

First of all, such a worker needs to be provided with a certificate confirming the "interesting" position. If pregnancy finds out on the probationary period, then the woman should apply as soon as possible to women's consultation at the place of residence and take a document from the gynecologist as evidence of its pregnancy.

What is it necessary for?

Letter of the law

According to Russian legislation, a pregnant woman is very difficult to dismiss. This is especially the dismissal of a pregnant woman at the initiative of the employer. What you need to know as future mothers and their employers?

First of all, the fact that such a worker cannot be dismissed without her desire, even if it was employed temporarily. Therefore, to the question: can a pregnant woman get fired on a probationary period without its consent, the answer is unequivocal - no.

Yes, the state is fighting in every way and supports women in such a thrift position, and guarantees them some privileges and benefits.

Moreover, according to the Labor Code, the future mother cannot be hired with a trial period, that is, if the employer knows about the situation of the employed employee, he must conclude a permanent employment contract with it. Although in practice it rarely happens, as the leaders of enterprises do not like to hide young or future mothers, yet every self-respecting woman should know about this right.

Yes, the probationary period when taking a job pregnant, according to the law, is not established. But what should I do, if about pregnancy it became known a little later?

What happens next

So, we disassembled whether it can be pregnant on the probationary period. It turns out that there is no. Therefore, if the time interval stipulated upon admission to the workplace is coming to an end, and the woman learned that she was waiting for a child and want to continue to work, then she had the full right to stay at the enterprise in his place and in his position. After reference from the female consultation with such a worker, a permanent employment contract will be signed.

When you can dismiss. Own wish

Yes, the Labor Code of our Motherland does not prohibit future mothers to dismiss at their own request. Therefore, unscrupulous managers can force such a worker to write a statement of care or create such working conditions for it that it will be forced to leave.

However, if a pregnant employee wants to work in this company and precisely in this place, it must arm the labor legislation and prove their rights and benefits. Moreover, a woman can contact the trade union or court, complaining about oppression at work. Often, judges are on the side of future mothers.

If it works in place of another

Can pregnant dismiss on the probationary period, if it is employed instead of another employee, and that writing seizes the desire to return to its workplace? If, when making a job in the employment contract, it was recorded that the woman is employed on someone else's place, it will fire her it is allowed, even though she is waiting for a child. However, there are its subtleties here.

The employer must offer another place to a pregnant employee. That is, it is not about dismissal, but about translating from one post to another. The proposed option must correspond to the position of a woman, that is, not to assume wearing weights (over 2.5 kilograms), staying at a computer more than three hours a day, contact with life-threatening substances (for example, chemicals), finding in cheese or wet room , in drafts and so on. Also, such a place should not mean business trips, night shifts, overtime, etc.

If a woman is offered to work in the conditions described above, it has the right to refuse her, writing his negative response in writing, and wait for further proposals.

If the pregnant woman was offered to work with her position, and she refused it, then the woman could be dismissed, and it will be in harmony with the current legislation.

Other cases

Can pregnant dismiss on probation for other reasons? Yes, and this is also regulated by law. The third cause of the dismissal of the future mother can only be the complete elimination of the enterprise or the cessation of the employer's work as an individual entrepreneur.

In such cases, a pregnant woman, as well as other employees, should be paid compensation.

Woman continues to work

Most often it happens. However, the future mother, who retained a permanent workplace, should be ready for the fact that in the future the employer will require a certificate from the female consultation on pregnancy. Such confirming documents will need to bring the employer no more than once every three months.

If still fired

Yes, there are such cases when the employer acts, roughly breaking the law, in the hope that the future mother or does not know his rights, or does not want to fight for them.

What can I say in this case? If a woman wants to continue to work at the enterprise and wants to defend its rights, it can contact special instances that will help her restore justice.

For this, the workers in the position there are two possibilities.

Labor inspection

This is an important state body that protects employees of enterprises in which a pregnant woman can turn in three ways: personally, via the Internet (official site) or by mail (be sure to use a registered letter). To his written complaint, the future mother should attach a photocopy of such documents as a passport, a labor book, an agreement decorated during admission to work, an order for the appointment to a certain position and dismissal from it, a certificate from the gynecologist confirming the presence of pregnancy.

Labor inspection independently conducts an investigation on the basis of submitted documents. If it turns out that the employer of the future mother violated the law, quitting it, he will be brought to justice.

Trial

Here it is necessary to say that the court's appeal is the main and decisive female step for recovery in the previous position. Since only the decision of the judge can return her lost place.

The claim for recovery at work is recommended immediately after dismissal, attaching the documents mentioned above. The meeting passes within the established day. Both sides are invited to him - a pregnant woman and her former tenant.

According to the claim for reinstatement, the judge considers the case and decides. Most often, the employer will oblige to take a woman back, after paying her material compensation for forced rushing, as well as expenses for a lawyer, lawyer and legal costs.

After the meeting

Based on the decision taken by the court, the woman again appeals to the former employer and makes it a document - a judicial verdict, on the basis of which the employer annuls her dismissal and concludes an employment contract with a future mother. The woman signs in the decree, the corresponding entry into its labor book is entered, and then the pregnant woman is allowed to fulfill its job duties.

In some cases, the employer may not submit to the verdict issued by the judge. He can appeal it or ignore it. In the latter case, the unscrupulous employer will be prompted to fulfill the court decision and will attract administrative responsibility. However, such cases are extremely rare.

The rights of a pregnant woman

Within the framework of this article, it is impossible to disassemble all the controversial situations that can happen with a future mother at its place of work. However, let's briefly mention the rights of a pregnant woman who need to know and defend.

First of all, it should be remembered that a woman waiting for a child is very difficult to dismiss. Even if she broke the discipline, labor mode, and so on. Drive and late also cannot be the reason for the dismissal of the future mother.

What else can be said about the privileges of pregnant women? Such workers can ask for light labor, the basis for which is a special certificate from female consultation.

To pass a regular examination of the gynecologist, as well as the surrender analyzes of the future mother are provided with paid working hours. However, it should bring a certificate from the female consultation confirming the need for such manipulations.

Also a worker awaiting the appearance of a baby can be provided with additional breaks or reduced working day at its request.

Also, such an employee is appointed vacation for preparing for childbirth and directly. The period of paid leave depends on how pregnancy proceeds and how childbirth passed.

A few words in conclusion

This article acquainted us with modern Russian legislation regulating the relationship between the employer and a pregnant worker. From the issue discussed above, whether the test term is established pregnant women and can dismiss such women in the trial period, it becomes clear that the state protects motherhood and mothers, as well as their newborn children.

Future mother has a rather impressive list of rights and privileges at its workplace. For example, a pregnant woman cannot be dismissed without her consent, if it comes to the full closure of the enterprise. Also, the future mother can not be fired even if it temporarily works in the place of another person who starts his labor duties. Such a worker must provide a new position.

Regarding the test period - the employer is obliged to employ on an ongoing basis, providing it with the necessary benefits and privileges that correspond to its new position.

As you can see, the girl who is waiting for a child should know well and be able to safely defend. Since it is not always employers for concessions and can use poor well-being of pregnant or her ignorance of laws. Therefore, do not rush to agree that you are infrained in rights or come with you unfair. Contact supervisory authorities: court and labor inspection. Most often, they join a pregnant woman and restore it in the workplace.

It's no secret that the size of the maternity payment depends on the earnings of pregnant. Therefore, every woman tries to get a job during this period.

Employers do not meet such ladies with open arms, because it will be necessary to once again look for a candidate with the preservation of the place for the new Mom. But it is not eligible to refuse the employment. What benefits are pregnant, what working conditions should it be created and how to act if the rights of women are violated during the trial period and further work?

Advantages of pregnant women in labor

Generally accepted rules and privileges

When a woman becomes aware of pregnancy, she receives many advantages caused by law.

These are such privileges:

• According to a certificate of female consultation, pregnant must carry out a smaller standard of work.
• It must be translated from the site with unfavorable production factors on where there is no threat to its health. The size of the average boards is still preserved.
• A woman has the right to a larger number of breaks that remain paid.
• When identifying desire, a worker can go to a chart of an incomplete working day. The salary will be accrued by the number of spent time. The right to tariff leave is preserved.

The basis can serve one of the following facts:

• If its activity lies in immersion under Earth.
• There is a lifting of heavy items.
• Conduct more than 3 hours per PC.
• Long seating or standing position.
• There is contact with ionizing radiation or chemicals.
• If the room is noisy and stuffy, with a violated level of humidity.
• Trips on business trips are needed.
• Work is performed at night (from 22 o'clock).

The woman remains the right to overtime rules of performance, if the state of health allows.

It can also be required to change the chart that she does not fit. Having written a statement, pregnant has the ability to pass all medical examinations during working hours.

Legislative nuances

According to the Labor Code, a pregnant worker does not have the right to dismiss, in spite of any circumstances (even in absenteeism and non-fulfillment of their direct duties).

The deprivation of an employee of the workplace is not allowed and in the case when the bosses did not know about its position.

In court, pregnant will be restored to posts. Many do not know their rights, so they remain disadvantaged. But there is a certain order of legitimate actions, thanks to which a worker can defend its right and attract a leader to justice.

• To get any benefits, it is necessary to submit an official statement asking for the appointment of those in the administration. For example, if you wish, switch to an individual work schedule, a schedule should be specified that will be a convenient future mother. There must be two copies: one remains the leader, and the second, as a guarantee - pregnant.
• If you refuse to provide benefits, you can contact the relevant instances. Consideration of the complaints is possible in the State Inspectorate for Labor Protection or in the Prosecutor's Office. A statement should be submitted and a certificate confirming the pregnancy.
• Extreme measure - filing a lawsuit. Keep in mind that labor disputes are considered no later than 3 months from the moment of violation of rights.

Dismissal on probation during pregnancy

According to law

Is it possible to dismiss the pregnant woman if the head knows about its condition? The Labor Code of the Russian Federation provides for the protection of the rights of future mothers and during the period of trial period. This is 261, 70 and 64 articles in which the features of employment and dismissal are indicated.

Entrepreneurs are happy to establish probation time for workers. This makes it possible to fire for 3 days of that person who is not suitable for official duties for any reason. Otherwise, it will have to do according to 81 the article when dismissal, or to expect when the employment contract expires.

Pregnant receives a number of advantages on the trial period, which is set for a maximum of 3 months, and in some cases - half a year.

When granting a certificate from a female consultation, a woman has the opportunity to start work without the test on the employer's issued order, but to refuse to sign the employment contract, it has no right. If the woman did not report and did not provide evidence of his position when taking a position and establish a trial period, the head will not be responsible.

If the fact revealed during the test

In the event that a woman became pregnant or found out about his position during the trial period, she needs to bring a confirmation certificate to the administration, then the dismissal will be impossible, and the probation period will be canceled.

At least, due to pregnancy, the legislative employer on the deprivation of work of the employee to childbirth is not right.

Although, usually, the owners of the enterprise find arguments how to dismiss a pregnant woman.

If a woman suffered such a fate, she can contact authorized bodies. They will face the victim, they will be misunderstood and will attract the leader to justice.

There is one nuance: it is necessary to prove (attracting witnesses and providing documents) that the reason for the failure of the test was the pregnancy.

Who is suitable for the position and meets the requirements of the organization, solves the employer, but under Article 77 of the Labor Code, but the dismissal of pregnant workers will be considered implemented on the initiative of the head.

Can a woman dismiss a guiding position when disclosing the fact of pregnancy? Also not!

One representative of the joint-stock company signs an employment contract with the Director-General, as with any other employee of the company. Therefore, it is quite possible to terminate it. Features of the dismissal of the head are reviewed in Article 278 of the TC. But such an important worker can lose its place of work only in some situations that are provided for by law. Pregnancy does not apply to them.

If a woman in the position agrees to leave the steering post, then an agreement is signed on the termination of the Council of Founders or their representative.

The then payment of the output benefit is made in the size of the three-time magnitude of the monthly wage (Article 279).

In case of violation of the discipline and unsatisfactory passage of the probationary period

Article 81 spelled out the reasons for which the employee can dismiss:

• percent;
• with disciplinary disorders;
• with the failure of duties;
• with some other aspects.

But neither in one point does not specify that it concerns pregnant workers. On the contrary, Article 361 excludes such a situation. The only thing that under the power of the employer in the violation of the discipline is to impose a penalty in the form of comments or a spontaneous, not to pay forshiing time, etc.

Dismissal is excluded!

In independence, he knew when taking a trial period or not about pregnancy an employer, whether a woman was already in a position or pregnant after the device to work, dismiss it due to the fact that the test was not passed, it is impossible.

Often the entrepreneur indicates the reason for the failure - the discrepancy between the requirements that are necessary to fulfill the duties. Confirms the rights of the test article 71. Injugging the head on the creation of unacceptable conditions, the woman in an interesting situation is not substantiated, and such representatives may suffer criminal liability.

Is it possible to dismiss in such a situation?

When liquidating the company

In the event that the organization ceases to exist and announces bankruptcy, pregnant dismissal (Article 61). We are talking about complete elimination, and not about the transition of rights and obligations to another person. An employee must be notified in a timely manner. The employer must warn a woman in two months.

In addition, the existence allowance is paid in the amount of average wages for the month, and allowance for the employment of the employee for 1 month.

Pregnant can be dismissed if it works and a legal entity or a branch of a legal entity or a foreign unit, which are in another region (Article 81 of Ch. 4).

This is an exception that allows us to break the employment contract not only with the termination of the enterprise, but also its branch that has no employment opportunity, and works in the framework of attorney. This is a convenient legal entity, because it does not charge the duty to employ the staff of the liquidated enterprise.

By reduction

State reduction is called the elimination of the post from the staffing schedule. The deprivation of the work is impossible and in this case.

An employer should be offered another vacancy in the firm, even below that is suitable for the health of women.

Earnings may also be different. More often things are in such a way that the proposed version of a woman does not suit if with a senior position, the position of the cleaner is offered, and she decides to resolve at their own request.

By agreement of the parties

Often, employers find such an option as to dismiss the employee: sign an agreement of the parties (Article 77 part 1).

The head and worker can terminate the employment contract (urgent including) at any time that the parties have determined.

According to the law, no procedures are provided: no warning about dismissal, payout benefits) is not required. The determination of the last working day is carried out, the issuance of the employment record and the calculation.

But the woman has the opportunity to challenge such a decision in court. And in proof of the detection of pressure (which is not so easy), from the head, will be able to return to his place.

At your own accord

Based on Art. 77 h. 3 of the Labor Code, a pregnant employee of the enterprise can be quitted at their own request. This procedure should be carried out by adhering to Art. 80. Served two weeks before the last working day, the application to the administration, if other conditions are not prescribed in the legislation. Counting produced from the next day after signing the document.

The employer will be terminated by the employment contract if the work is impossible in mind the enrollment of an employee in one of the educational institutions, or if the law and conditions of regulatory, local acts are violated by the head.

The woman remains right at any time during these two weeks to cancel its decision. It will not be dismissed if the employee has not yet been invited (with written confirmation) of the employee to the position, since it cannot be refused to refuse him to work in employment.

The employer can grant a vacation, after which to solve the issue with dismissal. In such cases, there is a possibility of problems with an entrepreneur if the vacation time is coming. Then the place for a woman will be enshrined, a leaflet of temporary disability, which will provide an employee.

Although often there are problems with the employment and dismissal of a pregnant woman, the law is on the side of the future mother, and you can always defend our truth through the court. Be sure that the authorities will resume a female employee. In independence, when pregnancy occurred (before the establishment of a test period or during), an employee of the firm can start performing job duties without testing. And the savings in this question will help to avoid unpleasant nuances.

Russian legislation provides enough benefits and guarantees to pregnant women. Future mothers must surround care and attention. Employers are no exception in this case, and are obliged to take care of employees in the Regulation. And about whether each head of the organization is obliged to dismiss the pregnant term on the probationary period, which includes female workers.

Can be dismissed pregnant on the probation period under the law

In the Labor Code, there is no concept of "trial period", there is a term "test". Article 71 of the Labor Code of the Russian Federation on the results of the test when receiving, pregnant women are not allocated in a separate category. But Article 70 Labor Code clearly prohibits the establishment of testing for future mothers during employment. Therefore, from the moment the employer is informed about the status of a new employee, he must cancel the trial period and an employment contract with this employee will be concluded without testing.

Most often the employer when receiving new employees try to find out what a woman is located in order not to think in the future about , it is possible to dismiss the pregnant on the probationary period. In most cases, according to the results of the medical examination, it is known about the situation of the future workers. But then, Article 64 of the Labor Code of the Russian Federation comes into force, in accordance with which the employer does not have the right to refuse the employment of a pregnant woman due to its position.

Is it possible to dismiss the pregnant on the probationary period, if it does not know about it

To ensure warranty and laws concerning pregnant women, the following conditions must be respected:

• The employee itself should know about its position;
• The employer must be informed of the pregnancy of workers;
• The condition of pregnancy must be confirmed by medical conclusion.

Some are interested, can dismiss the pregnant woman on the probationary period in the case when she herself does not know about his position. Naturally, they can, because then the default woman is just an employee undergoing employment test. The only thing that when the dismissed employee finds out about pregnancy, she, if desired, has the right to recover in the workplace. And the employer will be obliged to accept it and ensure all the necessary conditions for the further working activities of the new employee.

Dismissal of pregnant on probation: possible options

The dismissal of a pregnant on probation may occur in the following cases:

• Neither the woman nor the employer is not aware of the pregnancy of the employee. Accordingly, all the options for labor relations are applicable to it, as an ordinary employee;
• When liquidating the enterprise (part 1 of article 261 of the Labor Code of the Russian Federation). The only legitimate way to dismiss a pregnant woman at the initiative of the employer;
• By agreement of the parties. Indeed only voluntary consent from a pregnant woman for this type of dismissal. Otherwise the dismissed worker has the right to apply to the court;
• At your own request. Similarly, illegally from the head forced a female employee in the Regulations to issue an application for dismissal at their own request.

Summing up, to the question, can be dismissed pregnant on the probationary period, you can safely answer: no. And not only dismiss, but also refuse employment due to pregnancy. For this, it is provided for a responsible employer a fine to two hundred thousand rubles, in the amount of income to eighteen months, or binding work up to 360 hours (Article 145 of the Criminal Code of the Russian Federation). Naturally, in practice, this item (refusal to employment) almost does not work - to prove that you did not have to work because of pregnancy, it is very difficult. Courts are also usually inclined in favor of the employer, because The conclusion of an employment contract with one or another person is still the right of the employer, not a duty, and he is free to choose among the candidates who, by virtue of future labor duties, from his point of view will perform work more efficiently (see Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2). But to know that the legislation regulates this issue in favor of employing women in the Regulations, it is necessary. In addition, the applicant can always require a written explanation from the irrelevant employer, why he refused it. This right gives Art. 64 TK RF.

Can an employer dismiss the pregnant woman on the probationary period and does it have in general such employees? The dismissal nuances are described in the Labor Code of the Russian Federation.

What does the law say?

If the manager appointed a test employee before finally take it to work, he is entitled to stop the contract in the event of non-proliferation of the inspection. However, how to do if the subordinate brought a certificate from the gynecologist confirming the fact of pregnancy.

In accordance with the 70th article of the Labor Code of the Russian Federation, it is impossible to designate such workers. Even if the employee confirmed its position as a certificate during this period, it must be transferred to a position on an ongoing basis.

It is also impossible to dismiss a pregnant woman during the trial period. If it still happened, then the subordinate has the full right to apply to the court with a claim. In most cases, the law is inclined in favor of a woman, and as a result, it is restored in the workplace.

For reference! Even if the employee informed about his pregnancy at the end of the test period, it cannot be dismissed from the company. According to the 64th article of the Labor Code of the Russian Federation, it is also forbidden to refuse the subordinate in the design of the employment agreement with it.

Under what circumstances can you terminate a contract with a woman?

Can it be dismissed pregnant on probation? Despite the fact that the law in most cases protects the employees, under certain circumstances, it is possible to terminate the contract with them.

The list of situations where the employer may terminate the agreement with the subordinate, which confirmed its pregnancy:

• full liquidation of the company (61st article of the TK RF);
• termination of the Agreement by agreement of the Parties;

Under the disbandment of the enterprise refers to the liquidation of the company, and not the transition of the company to another owner. In this case, the employee must notify about the upcoming reduction no later than 2 months before the termination of the Agreement.

For reference! When dismissing in branches of the company in other cities, the minimum notice remains the same.

Order of restoration of pregnant in office

If the employee realized that, having dismissed it, the head violated the legislation, it could apply to the court. In accordance with the 1st part of the 394th article of the Labor Code of the Russian Federation, if the termination of the agreement between the leader and the worker is illegally, the woman should be restored in the previous position.

The algorithm for the return of the subordinate to the previous position, if it was fired during the test period, such:

1. A woman submits a claim to court.
2. The court considers the case and recognizes the termination of the contract illegal.
3. The manager obliges to return the subordinate to the previous workplace.
4. The subordinate receives an extract immediately after making a judicial verdict and can already be able to demand recovery from the director.
5. The head issues a decree on rebuilding an employee on its position and cancellation of the order to terminate labor relations with it.
6. The worker signs in the decree.
7. Records are made to the employment record about the restoration of the subordinate at work.
8. Woman admit to work.

If a person refuses to sign an order of recovery, the director must compile an act of this.

After the court ruled, the head can appeal the verdict, but it will not affect the time of returning an employee to its workplace.

If the manager was not at a meeting, at which it was obliged to resume labor relations with a woman, he had the right to first demand an extract and only then restore the subordinate. In the case of the arrival of the head in the court, he must return a worker immediately after the verdict.

For reference! An employee may require a duplicate employment record, in which there is no record of dismissal.

If the director does not renew labor relations with a subordinate, then measures can be used to enforce the execution of the verdict. As a result of the manager, it is attracted to responsibility for non-fulfillment of court decisions. Subordinates can pay compensation in the amount of average monthly wages for the entire time of the leader's inaction.

If the boss has already appointed to the position of another person, then according to the 2nd paragraph 1 of the 81st article of the Labor Code of the Russian Federation, the contract shall be terminated with this officer. However, the termination of labor relations in this case is possible only on the basis of the lack of jobs in the enterprise. If they are, the director is obliged to offer subordinates all the right positions, and then only dismiss, if a person abandoned them in writing.

In accordance with the 392th article of the Labor Code of the Russian Federation, an employee has the right to file a lawsuit on the fact of the unlawful termination of the contract within a month from the order of the termination of the contract, or in the period 3 months from the date when the employee learned about the violation of his right.