Very often, the expectant mother is faced with the problem of the prospects of losing job, that is, to stay without all the benefits and seniority.Moreover, if the employer is unscrupulous, badly know laws or believe that some laws it might circumvent or simply ignore.Earlier cases of dismissal of pregnant women were very frequent, but today women know their rights, they are fighting for them, and, moreover, successfully defended!
If an employer is going to fire a pregnant
It is simply impossible! According to the Labor Code and article number 261, which is called the "Guarantees to pregnant women and women with children, upon termination of the employment contract", which clearly states that the termination of an employment contract with a pregnant woman at the request of an employer is not possible, except for the occasion,as the complete elimination of the organization. In that case, if the term of the employment contract expires immediately during pregnancy, women need to write a statement, which will be told that she wants to renew it.According to this article of the Labor Code, in the event that occurs the expiry of an employment contract during pregnancy, the employer is still obliged at the request of the latter to extend the term of the contract before the legal right to come on holiday, which is designed for pregnancy and childbirth.
If forced to write a statement on their own
Sometimes there are difficult situations when management makes a pregnant woman to write a statement that she requested to dismiss it on their own.Otherwise the employer to threaten to dismiss a woman or for failure to perform job duties, or because of other similar violations.
To persuade pregnant boss can use article number 81 of the Labour Code, where there is a long list of all the possible reasons for the dismissal.It is not necessary to be afraid, because in response to this appeal can be careless management of the same article number 261 of the Labour Code, which is the basis for the impossibility of dismissal of pregnant women for all the reasons provided in the article № 81. The only thing that can make the boss, is to deprivepregnant premium surcharges, part of the salary.
If you are going to dismiss pregnant, located on probation
A pregnant woman who is on probation, also have protection.No matter, she was pregnant before her have a job or pregnancy occurred during the probation period.According Labor Code and Article number 70, entitled "Testing in recruitment", the employer may not fire a woman "in a position" that passes the test when applying for permanent jobs. That is, the employer has no right to dismiss a pregnant woman as the one that did not pass probation.And it is no matter when it received the news of the leadership of your "interesting position".
If the employer does not take the work of pregnant
According to the Labor Code and article number 170 is forbidden to deny pregnant women in hiring, except if its provisions are no longer any reasons. Act This rule often flouted by the employer.In fact, to achieve its implementation is extremely difficult, almost impossible.Despite the fact that the refusal may even be contested in court, the employer will always find a pretext for its justification - it will not be associated with pregnancy potential employee.Reason may be any, "no vacancy" or "does not fit the qualification."But do not forget that the law provides criminal penalties for failure - a fine of up to 500 minimum wages for refusing employment of pregnant women (as well as for her wrongful dismissal).However, frankly speaking, when the employer was mono to prosecute, in practice rare.
