Rights of a pregnant woman
Cases when the employer is trying to dismiss a pregnant employee, unfortunately, has long ceased to be a rarity. Someone tips the woman to write the application on dismissal at own will, and who are acting in this situation is illegal.
The expectant mother should be aware that the employer cannot fire her on their own initiative, so she should assert their rights. To sign the application on dismissal at own will it is impossible in any case. In this case, the woman deprives herself of the right to a benefit for pregnancy and childbirth. The amount of this benefit is highly significant, since the employer must pay the employee 140 vacation days calculated from average daily earning taken for the previous 2 calendar years. If the expectant mother by the time her maternity leave was to be unemployed, the benefit she receives.
In accordance with the Labour Code of the Russian Federation, the basis for the dismissal of a pregnant employee cannot be more than the liquidation of the organization in which it operates. It is important to understand that the organization needs to be completely eradicated. With the reduction division, where he worked as an employee or affiliate of the company, the employer must give the woman another job.
When you reduce the post pregnant employee must be given another position that qualifies the expectant mother. Unfortunately, wages at the new place of work may be somewhat lower.
If the expectant mother was employed with a temporary contract, and the contract expires before the release of the employee on maternity leave, the employer must extend the employment relationship with her as long as women do not have the new baby. To prevent dismissal, the woman must provide to the employer a certificate confirming her pregnancy in advance. In this case you can only rely on the payment 70 days of prenatal leave. After that, the employee may be dismissed in connection with the termination of the employment contract.
The employer is obliged to provide pregnant employees with a workplace even if it was taken to work on very short notice to replace one of the employees.
The protection of their rights
If the employer has violated the rights of the pregnant woman and has not paid her stipend or was illegally fired her, the woman should contact the Labour Inspectorate. The people in the organization can force the head to recover pregnant at the same position. In addition, they have the right to fine a legal entity.
If the employer refuses to restore the employee to her position and to pay all benefits, the woman may apply to the court and Prosecutor's office. After the court decision, the Manager will not be able to refuse the expectant mother in the workplace, and cash payments.
After the end of paid maternity leave, a woman can retire from the place of work on their own initiative.