Protection of the rights of pregnant women is reflected in the labor laws.Thirtieth of December two thousand one year passed a new labor law, which were agreed new safeguards for the rights of pregnant women in the preservation of jobs and protect them from layoffs.But the violation of their rights, unfortunately, still quite common in enterprises of different ownership.
Using the ignorance of most of the population in the various legal nuances, dishonest business leaders violate workers' rights.And to the question: "Can dismiss pregnant at all and in what particular cases it is legitimate?" - Often turn to lawyers future mothers discharged or received a warning of an impending dismissal.Let us try in this article to describe all those situations in which the administration does have the right to dismiss a pregnant employee and getting into that should be avoided.
1) Can dismiss pregnant, based on the termination of the employment contract?
Yes, they can.But only if the termination of the contract is agreed by the parties, as the seventy-eighth article of the Labor Code.In this case, it is important to remember that the day of the dismissal is considered the last working day.The employer must return the worker work book, conduct a final settlement and to pay all the money owed to it.If the contract is terminated by agreement of the parties, pregnant women lose their rights to benefits for pregnancy and maternity leave from work, in addition, on this basis, the employer fails to pay severance pay.
2) Can dismiss pregnant, based on the expiry of the contract of employment?
No, can not, as the article two hundred and sixty first Code of Labour prohibits the dismissal of pregnant women on the basis of the expiry of the contract.Upon the occurrence of such an event the employer should extend his term until the maternity leave.
3) Can dismiss pregnant, based on a statement of their own volition?
Yes, they can.With exactly the same consequences as in the case of dismissal by mutual agreement.But there is a caveat.Before the expire of notice and in its place was not invited back in the writing of a new employee, a woman has the right to withdraw his application.And after a woman withdraws an application, the administration is obliged to continue the employment relationship with her before the beginning of maternity leave.
4) Is it possible to dismiss a pregnant woman because of the liquidation of the legal entity?
Yes, you can.Liquidation of the enterprise is the reason for dismissal under article two hundred and sixty first code of labor, but in this case, in accordance with article one hundred and eightieth, the employer must notify the employee of the impending liquidation of the company in writing and against a receipt not later than two months before the event.After his dismissal the employer must pay severance size of one average monthly wage, according to article one hundred and seventy-eighth, and save the average monthly earnings for the period of job search, but no more than two months, although in some cases this term may extend, based on the second paragraphhundred and seventy-eight articles.Maternity leave in the event of liquidation of the company is paid in full, the right to receive it persists for years after retirement.
5) Can dismiss a pregnant woman in the event of bankruptcy of the employer?
Yes, they can.All rights Reserved payments for her, but they will be implemented only after the satisfaction of the given enterprise the material obligations to the people who have been harmed by the enterprise.
