Can a single mother cut at work. Experts advise to pay special attention. Can't cut single mothers

Article 261 of the Labor Code of the Russian Federation clearly states that the state provides guarantees to pregnant women and women with children.

If a woman has a child under the age of three, if a single mother is raising a child under the age of 14, if there is a disabled child under 18, or if the upbringing of such children is carried out by another a person raising such children without a mother, the employer has no right to fire them.

In what cases can a woman be fired:

multiple disciplinary actions;
arriving at work in a state of intoxication;
provision of forged documents;
complete liquidation of the organization;
disclosure of official secrets;
committing immoral acts;
deliberate damage to property or its theft.

In accordance with paragraph 28 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 1, a single mother is a woman who, in fact, carries out parental duties in relation to children without the help of other persons who, in accordance with the law, are also obliged to participate in upbringing.

That is, it is necessary to confirm the absence of the father, or at least establish paternity in court. By the way, if a child is born during marriage, as well as within 300 days from the date of its dissolution, paternity is recognized automatically and can only be challenged in court.

One more fact should be taken into account - a divorced woman can also raise a child alone. She receives custody of the child, as well as a decision on the place of joint residence.

But in such circumstances, single mother status is not granted. The basis for obtaining the agreed status is the absence of the father. It must be documented in the same birth certificate in accordance with clause 3 of article 51 of the RF IC.

And since the children of single mothers officially do not have fathers who, according to the law, are obliged at least to pay alimony, the state undertakes to protect women raising children without anyone's help by providing a number of benefits and guarantees. They apply to work as well.

Governing laws

On the basis of Article 96 of the Labor Code of the Russian Federation, a single mother is prohibited from engaging in work at night without her written consent until the child turns 5 years old.

By the way, this rule also applies to fathers raising children without mother's help.

Also, in accordance with Article 259 of the Labor Code of the Russian Federation, it is forbidden to attract women to work on weekends or outside the established shift and send them on business trips without a properly formalized consent.

In accordance with Article 93 of the Labor Code of the Russian Federation, a single mother, upon her application, is obliged to establish a shortened working day, and the employer has no right to refuse if a woman is raising a child under 14 years old or a disabled child under 18 years old. And in accordance with Article 262.1 of the Labor Code of the Russian Federation, a woman raising a disabled child is also given leave at a convenient time.

Also, on the basis of Article 261 of the Labor Code of the Russian Federation, an employee who performs parenting duties alone is prohibited from being fired due to the optimization of the staffing table and, as a consequence, the reduction of some positions until the child reaches the age of 14. And if a woman is raising a disabled child alone - up to 18 years old.

Which single citizens are included

It should be noted that, by the definition of the law, not all women who raise children on their own are single mothers.

This includes only those who at the time of birth of the crumbs and obtaining a birth certificate:

was not in an officially registered marriage;
was married, but paternity was contested in court by her husband;
was not married and the biological father did not submit an application for establishing paternity to the registry office at the time of registration of the certificate.

That is, within the framework of the law, a single mother is a woman who, at the time of registration of a child, did not provide information about the biological father in view of his unwillingness to participate in the upbringing of the child or his absence.

By the way, it is possible to become a single mother by a court decision if paternity is contested by the father himself through a DNA examination. Also, the stipulated rules apply to mothers who have adopted a child and at the same time are not in a registered marriage.

Fathers who raise children without a mother are also considered lonely if the biological mother dies or is deprived of her parental rights.

Article 264 of the Labor Code of the Russian Federation states that all labor guarantees from the ban on business trips and involvement in night work to dismissal to reduce positions fully apply to fathers.

One more category of women should be noted, who can raise children without the help of their fathers, but are not single mothers within the framework of the law. We are talking about divorced women and widows.

In the event of a divorce, the child not only in most cases remains to live with the mother, but also receives material assistance from the father in the form of alimony, that is, the woman is formally protected and does not need additional state support.

And in the event of the loss of a husband and father due to his untimely death, minor children receive a survivor's pension. That is, again, the child's rights in relation to financial security are protected, therefore the specified categories are not single mothers. They cannot count on the benefits established for this category of persons.

Although in the event that the child is small, under 3 years old, women cannot be obliged to work overtime or be fired in connection with the optimization of the staffing table.

Downsizing single mothers while downsizing

In accordance with the norms of Article 261 of the Labor Code of the Russian Federation, the reduction of a single mother with a reduction in staff is not allowed, given that this type of dismissal refers to the termination of labor relations at the will of the company's management.

However, this rule applies to a woman until the child turns 14 years old. That is, upon reaching the agreed age, a woman can be made redundant, and within the framework of the law.

Grounds and reasons for dismissal

Based on the norms of Article 261 of the Labor Code of the Russian Federation, when the child reaches the age of 14, the single mother no longer belongs to the privileged category, and if she brings up a disabled child, the benefits cease to apply from the age of 18.

One more feature should be noted.

In accordance with Article 179 of the Labor Code of the Russian Federation, a single mother has the preferential right to remain in her previous position, provided that her qualifications and labor productivity are higher than other workers or equal in comparison with others.

So, in the agreed norm it is said that if there are no other family members in the employee's family who earn on their own, the preemptive right applies to her. This is true if you have a 15-year-old child attending school.

By the way, this rule also applies in the presence of two or more dependent children.

For the rest, the norms of the law do not contain a prohibition on the layoff of an employee raising a child on her own. She can be dismissed on reduction if the management of the company, for economic reasons, decided to reduce the number of employees, which in principle is permitted by law and is the norm in the conduct of business activities.

Procedure

The procedure for dismissal in connection with the optimization of the staffing table is enshrined in the norms of the Labor Code of the Russian Federation, Article 81 of the Labor Code of the Russian Federation, which provides for a rule obliging the head of the company to offer vacant positions to the released employees before reductions, even if the salary or qualifications or title of the position will be lower.

At the same time, the employer must take into account that the employee will be able to fulfill the duties for the proposed position only in the absence of medical contraindications and that she agrees to the transfer.

Also, in pursuance of the norms of Article 180 of the Labor Code of the Russian Federation, a worker subject to reduction must be familiarized with the decision to reduce her position two months in advance by serving a written notice indicating the reasons. Moreover, the employee must sign the notification, thus confirming familiarization with the agreed document, and also set the date.

If the worker is a member of the Trade Union or a mass dismissal is imminent, then in accordance with Article 373 of the Labor Code of the Russian Federation, the trade union committee must be notified of the vacancy reduction. In pursuance of the agreed norm, within seven days, he is obliged to announce a reasoned opinion about the reduction of a woman.

A draft dismissal order and documents confirming the validity of the decision to optimize the state must also be submitted to the Trade Union for consideration.

And in pursuance of the norms of Federal Law No. 1032-1, the Labor Exchange must also be notified, and two months before the date of dismissal, in order to search for vacancies for further employment of a single mother.

After two months from the date of the publication of the order to optimize the staffing table and delivery of notifications, an order is issued to reduce the employee. He serves as the basis for the termination of legal relations. The woman is obliged to acquaint with it against signature.

On the basis of the order, an entry is already made in the labor book, which is handed to the woman on the last working day, along with a copy of the order of dismissal in connection with the layoff. It will be required when registering at the Employment Center.

The documents

It should be noted that documenting the reduction procedure is a rather complex process, burdened with the creation of several mandatory documents.

At the initial stage, the line manager draws up a memo that, due to the decrease in the volume of labor, some of the employee are not in demand. Therefore, to reduce costs, it is advisable to reduce the number of staff.

The memo may be accompanied by reports, economic analyzes and plans to reduce costs, on the basis of which the management already decides to cut some positions.

Moreover, we are not talking about specific employees, but only about job cuts.

A staff assessment can then be applied to determine the pre-emptive right of abandonment to determine their qualifications. Based on its results, a decision is already made to dismiss a specific employee.

After the decision is made, an order is issued to optimize the staffing table and a notification is given. And at the same time the Trade Union and the Labor Exchange are notified.

And after two months at the enterprise, an order is issued on the reduction, and a note is made about the dismissal in the book, about labor.

Compensation and payments

Based on the order of dismissal, the accounting department calculates and calculates:

Severance pay, in accordance with Article 178 of the Labor Code of the Russian Federation, in the amount of average earnings.
Compensation for all days of unused leave for a number of reasons, both basic and additional, without taking into account the limitation period of their right to grant;
Salaries from the moment of the last payment, regardless of the timing of the payment, stipulated in local acts. In pursuance of Article 140 of the Labor Code of the Russian Federation, all amounts due to the dismissed employee must be transferred on the day of dismissal.

A single mother, within the framework of the law, belongs to the category of persons who need state protection. That is why there are guarantees for workers that allow not only to combine work with the fulfillment of parental duties, but also to protect themselves from the arbitrariness of unscrupulous employers.

Dismissal of a single mother (situations)

Legislation in the field of labor relations clearly defines the procedure for terminating contracts with this category of employees. Dismissal by agreement of the parties is one of the most common and legal ways to fire a single mother. This method of termination of the contract is directly provided for by Article 78 of the relevant Code.

It is important to understand that consent in this case must be mutual and completely voluntary. Coercion of a single mother to dismiss on this basis, as well as any other employee, is not allowed. If pressure is exerted by representatives of the administration of the enterprise, then you should contact the supervisory authorities. The date of dismissal and other issues, such as the payment of compensation or the provision of other benefits, are fixed in a written agreement. One of the copies of the document remains with the employee.

At the initiative of the organization

The management of an enterprise or organization is legally restricted and cannot fire a single mother for many reasons.

In particular, the already mentioned article 261 does not allow the termination of employment with such an employee due to the following circumstances:

reduction of the staff of a company or institution;
inadequacy of a single mother to the position she holds;
sale, reorganization or merger of a company with another.

A mother who single-handedly supports and brings up a child until he reaches a certain age has the right to retain her job. This is true for female employees that they faithfully perform their duties and does not apply to violators of labor discipline.

When shortening

In the process of reorganization of the company and the dismissal of some employees in connection with a change in the staffing table, the company's management is obliged to take into account the interests of its employees. For single mothers, additional guarantees have been established to preserve her workplace.

Even in the event that the liquidation of the position is envisaged, the employer is charged with the obligation to find for her another vacancy, similar in terms of duties and salaries.

In this case, a transfer with a decrease is not allowed without the direct consent of the employee, confirmed by a handwritten statement. Unlawful actions of representatives of the administration or attempts to exert pressure can be appealed by the employee to a higher organization or to the competent state authorities.

At the end of the term of the employment contract

Single mothers who entered work under a contract for a certain period are not provided with any preferences. It is assumed that the employee in this case knows in advance the expiration date of the contract and has the opportunity to find another place for herself.

The basis for dismissal is Article 79 of the relevant Code. The date of termination of the employment relationship is the day of termination of the contract. By the specified date, the employer is obliged to make a full calculation and pay the employee the money due to her. If by this time she has unused days of the next vacation or time off, then the date of dismissal is set the next day after their end.

Probationary period not passed

The employment of single mothers takes place in a general manner in this regard, the legislation does not provide for any preferences. In some cases, admission to a permanent job is carried out only after a probationary period.

The administration of the enterprise is obliged to inform the potential employee about this condition. During the specified period, the professional skills and knowledge of the candidate are checked. Female workers from the category of single mothers who are not suitable for their business or other quality for this position are dismissed at the end of the term provided for in the contract.

The procedure for terminating the contract is carried out without working off, which is mandatory in other cases. It should be remembered that the work of an employee during the probationary period must be paid, and the calculation is issued on the day of termination of work.

Is it possible to challenge in court

A claim against an employer who has committed unlawful acts against a single mother is filed in court at the location of the organization or employee. A sample application can be obtained from the court office or found on the Internet on specialized sites.

Attached to the claim are copies of documents confirming the validity of the claims against the employer:

extracts from the work book,
orders,
settlement notes and others.

Applications from the plaintiff are accepted only after payment of the appropriate fee. After that, a date for preliminary hearings is set, and both parties are notified of this. The court may reject the application if it is drawn up in violation of the rules and regulations provided for by law.

Involving a professional lawyer specializing in labor disputes in the process will avoid delays and significantly increase the chances of a positive solution to the issue.

Raising a child without the help of her husband, a woman finds herself in a difficult situation. The state seeks to support it in every possible way and provides a number of benefits.

One of them is the possibility of obtaining a number of advantages over other workers during layoffs. However, in some cases, the employer can still fire a woman.

In order to know in advance all situations in the occurrence of which the reduction of a single mother can be performed, it is necessary to familiarize yourself with the current information on the topic.

Reduction of the staff is carried out at the enterprise to achieve a whole list of goals.

The most popular of these are:

to optimize the costs incurred by the company;
when an organization moves from one city to another;
with a decrease in the firm.

Shrinking a single mother is difficult, no matter what goal the company wants to achieve by performing an action.

The state protects women with this status. During the procedure, a whole list of formalities must be followed. So, if the reduction is carried out due to reorganization, the employer is obliged to notify employees of the planned action 2 months before the alleged manipulation.

As a confirmation of the receipt of information, the specialist must leave a signature on paper. In addition to the employee himself, the employer is obliged to notify the trade union and the employment service.

If staff reductions occur, single mothers, like any other employee, must offer existing vacancies.

According to the existing rules, a woman with this status can be dismissed only if she is not satisfied with alternative vacancies, and the employer cannot offer her another position.

The legislative framework

If a girl wants to know how a single mother is dismissed from work, she should familiarize herself with the current legislation.

Experts advise to pay special attention to:

Article 74 of the Labor Code of the Russian Federation, which refers to changes in the terms of the employment contract, the introduction occurs due to changes in the organizational or technological working conditions;
article 77 of the Labor Code of the Russian Federation, which makes it possible to draw up an idea of the general grounds for terminating an employment contract;
article 79 of the Labor Code of the Russian Federation, which tells about the nuances of terminating a fixed-term employment contract;
Article 179 of the Labor Code of the Russian Federation, securing the preemptive right to retain work for a number of employees in case of redundancy;
Article 180 of the Labor Code of the Russian Federation, which contains guarantees and compensations that employees who have been laid off or faced with the liquidation procedure of a company can count on;
article 336 of the Labor Code of the Russian Federation, which fixes additional grounds for terminating an employment contract with pedagogical workers.

After analyzing the current legislation, a young mother can get an idea in advance of what nuances she will face.

Reduction of single mother

The reduction of a single mother in 2017 is only possible in strictly defined situations.

In order to know in advance when the employer has the right to perform such an action, a woman should familiarize herself with all the nuances of the procedure in advance.

When the staff is downsized

Downsizing a single mother is not possible with downsizing. A similar rule is enshrined in article 261 of the Labor Code of the Russian Federation. A woman can be dismissed only if the enterprise is liquidated by offering an alternative position.

Often employers go for tricks, wanting to get rid of an employee, the interaction with which is associated with additional costs and difficulties for the company.

Thus, the formulation of an action is often changed. The employer can cut not the employee himself, but exclude the position he occupies from the stately schedule.

With a child under 14 years old

Reducing a single mother with a child whose age has not exceeded the mark of 14 years old will not work on a general basis. Similar conditions apply to mothers who are raising a disabled child.

It should be remembered that marriage and the recognition of paternity by a man will deprive a woman of her advantages.

In this situation, the dismissal will take place on a general basis.

With a child under 18

If the child is already 14 years old, but not yet 18 years old, the benefits are terminated.

The mother of a minor in the event of redundancy may be dismissed on a general basis.

An exception to the rule is the presence of a disabled child. This fact extends the benefit to 18 years.

Upon liquidation of an enterprise

If the company goes out of business and the legal entity is liquidated, the same rules apply to the single mother as other employees.

The reason for the liquidation of the company may be:

insufficient level of profitability that does not satisfy the owners of the company;
bankruptcy of an enterprise;
other reasons fixed in the current legislation of the Russian Federation.

The existence of such grounds does not require obtaining the consent of employees to liquidate the enterprise. The termination of employment is legal.

In this situation, the employer is only obliged to pay wage arrears and provide a three-month maintenance for a single mother.

For failure to fulfill official duties

If the employer wants to cut a single mother for non-performance of job duties, it will be much more difficult to perform the manipulation.

In this situation, the company will act as the initiator of the termination of labor relations. This means that you will need to provide evidence of a woman's neglect of her duties.

If she consistently violates labor discipline, the employer must take disciplinary action.

The document serves as the basis for terminating the employment relationship with the employee. This possibility is fixed by the current legislation.

The presence of a special status will not be able to protect in the current situation. An employer can fire an employee or cut a job.

According to the current legislation, failure to fulfill official duties can be expressed in the following actions:

damage to company property;
theft of property;
absenteeism;
criminal waste of property;
amoral behavior;
disclosure of state or commercial secrets;
neglect of responsibilities.

A single mother is obliged to work in accordance with the rules that apply to other workers. There are no indulgences or benefits in relation to the nuances of fulfilling duties.

If an employer loses confidence in a specialist, he can be fired regardless of his status.

Is it possible to get a mortgage for a single mother with one child? See here.

False information

Grounds for the dismissal or reduction of a single mother also appear if the fact of forgery of documents is revealed.

This can be expressed in the following situations:

the diploma was purchased;
the fact of forgery of seals or signatures was discovered;
a health book was purchased;
records have been made or destroyed in documents without reason;
false recommendations were presented.

So, if a woman, for the sake of obtaining a high position, arbitrarily made adjustments to the documents, the employer has the right to dismiss her if this fact becomes clear.

Registration procedure

The fact of reduction must be formalized in a strictly established manner.

In the process of carrying out the manipulation, the company must prepare a package of documentation and provide compensation payments to the employees who have been laid off. Violation of the order is considered illegal.

Carrying out manipulations without fail will need to be documented.

The company must prepare:

updated staffing table;
order approving the adjusted staffing table;
order to lay off workers;
an action plan for bringing the information of specialists about the upcoming reduction;
a personal file for each employee whom the employer has decided to lay off;
the decision of the commission based on the analysis of the pre-emptive right to remain at work;
signatures under the order to reduce staff, indicating the date of familiarization;
a statement of a specialist with a personal signature, if his dismissal occurs;
an act confirming that the employee was offered an alternative position;
an act of disagreement if the employee does not want to move to the proposed position;
an act of consent, if the specialist accepts the company's offer to move to an alternative place of work;
a notification letter to a trade union;
the act of consent or disagreement of the trade union with the decision of the administration of the company;
a protocol of disagreements, if additional consultations are held with the trade union;
an act on the absence of a reasoned opinion on the part of the trade union;
notification to state employment services;
information on each employee to the employment service;
dismissal order;
payment documents signed by the employee, confirming the receipt of the corresponding payments.

The list of papers may vary depending on the individual nuances of the situation.

Thus, documented testimony from witnesses may be required to confirm that the employee was given appropriate notice, but did not appear to receive due payments.

Compensation and payments

When the order of dismissal was issued, the accounting department makes payments to the employee.

Single mothers are entitled to the following benefits:

severance pay, the size of which is equal to the average earnings;
compensation for all days of unused vacation;
salaries since the last payment.

Failure to provide payments is a violation of the employee's rights.

What are the monthly payments for single mothers in 2017? Information here.

Who is considered a single mother by law in 2017? Details in this article.

Protecting the rights of women

The protection of the rights of a single mother is ensured by the current legislation.

It gives the woman a level 2 pre-emptive right. This means that the employer is obliged to leave a single mother with two children if the choice is between her and a woman with 1 dependent.

However, if the company has to choose between a woman raising a child alone and an employee with superior qualifications, the choice will be made in favor of 2 employees. In this case, the woman may be offered an alternative option.

On the video about women's rights

Can parents and guardians be fired? Reduction of single mothers, parents of large families, guardians of young children?

In every company, there may be cases when it is impossible to do without staff reduction or the number of employees.

However, here it is necessary to strictly adhere to the labor legislation, because there are categories of citizens that cannot be made redundant.

You should be especially careful about the employee if he is a parent.

Is it permissible to reduce a woman with two children under 14, single mothers and fathers, breadwinners of disabled children?

Why lay off workers?

The need for reduction can arise in several ways:

the employer intends to assign several positions to the staff at once, while he establishes salary increments for them by saving the corresponding fund;
production becomes more automated, there is no need for a large number of workers;
the firm changes its profile;
the company is reducing production volumes.

Which parents cannot be cut?

Before making a list for reductions, it is worth checking if the selected employee does not fall into one of the taboo categories. According to the current Labor Code of the Russian Federation, the following parents cannot be dismissed by layoff:

pregnant women;
mothers who have children under 3 years old;
women who independently raise a child under the age of 14;
employees who are on maternity leave or leave to care for a baby up to 3 years old;
workers who are considered the sole breadwinner in a family with a child under 3 years old.

Reduction of a single mother with a child under 14

Can a single mother be fired on a layoff? According to the law of the Russian Federation, a single mother is a woman who maintains a child and brings him up without the participation of a second parent.

Due to life circumstances, the father may withdraw from upbringing for several reasons:

death;
recognition of an unknown absence;
recognition of incapacity;
deprivation of the rights to the child;
restriction of parental rights;
lack of opportunity to raise a child for health reasons;
is serving a sentence in places of deprivation of liberty;
refuses to participate in education.

According to family law, this definition includes several categories of women:

The one who gave birth to a baby out of wedlock.
A woman who gave birth within 300 days of the official divorce.
A woman took a child for adoption without being married (although this is extremely rare).
If the spouse renounced paternity up to 300 days after the dissolution of the marriage.

In the Labor Code, the term "single mother" is used in two articles - 263, 261. They describe the restrictions on dismissal to reduce a single mother and their privileges.

Article 263. Additional unpaid leave for persons caring for children

An employee with two or more children under the age of fourteen, an employee with a disabled child under the age of eighteen, a single mother raising a child under the age of fourteen, a father raising a child under the age of fourteen without a mother, by a collective agreement additional annual leaves without pay can be established at a convenient time for them, lasting up to 14 calendar days. The said leave, upon the written application of the employee, can be added to the annual paid leave or used separately in full or in parts. The transfer of this leave to the next working year is not allowed.

The guarantees apply to single mothers whose children are under 14 years old.... That is, the reduction of a single mother with a child under the age of 14 is impossible, unless she falls under the category of exceptions. Fathers also receive similar privileges if they find themselves in the situations listed above.

At the initiative of the employer, the reduction of a woman with a child under the age of 14 is unacceptable.

The exception when it is permissible to reduce the position of a single mother is the liquidation of the company itself and the recognition of the guilty behavior of such an employee.

And yet, is it possible to fire a single mother on staff cuts? If the position of a single mother / father is laid off, the employer is obliged to offer her / him another vacancy, which will correspond to the qualifications of the employee, with a similar salary.

If this is not the case, then with the reduction of single mothers, the employer must offer a lower vacancy in the same company.

That's all the nuances about reducing an employee who has a child under 14 years old.

If the child is disabled

According to the laws of the Russian Federation, a disabled child is a person who has not yet reached the age of 18 and has persistent disorders in the body, which have arisen due to illness, injury or congenital defects.

Such a child is physically limited, cannot lead a normal life. and needs additional protection and social assistance. Disability is recognized with the help of a sanitary and medical examination. The disability group depends on the degree of the physical disorder.

The mother or father of a disabled child is an adult capable person who is a natural or adoptive parent of a minor child, and takes all the trouble of maintaining it.

At the same time, Article 179 of the Labor Code confirms that the employer, upon redundancy, must first of all leave the represented category of workers in production. Benefits apply to parents with disabled children of any group.

However, there are some nuances. So, an employer can dismiss such an employee if:

the company is liquidated;
the labor contract ends;
the employee is recognized as a persistent violation of industrial discipline (for example, systematic delays);
a disciplinary order was drawn up (in other words, dismissal under the article);
theft or other illegal actions have been committed;
direct labor duties are not performed;
an official secret has been disclosed.

An exception to the law is also cases when both spouses who are raising a disabled child together work at the same enterprise.

Large families

Is it possible to fire a mother with many children for layoffs? A parent with many children is a capable person who has are in custody of three or more children under 18 years of age... At the same time, it does not matter whether they are relatives or adopted children.

Modern legislation is on the side of workers with parental responsibilities. The Labor Code does not directly regulate the relationship between workers with many children and their employers. However, studying the legislative norms of the Russian Federation, we can say that parents with several children still have privileges in several cases.

Reduction of a mother with many children or a father is impossible if:

Women with children under 3 years old

A woman who has a child under 3 years of age is protected by the provisions of labor law.

According to Article 261 of the Labor Code of the Russian Federation, it is impossible to terminate an employment contract with such an employee due to a layoff if her child is not yet 3 years old.

And even more so - Art. 256 of the same document stipulates that during the period of maternity leave, a woman retains her position with the same salary.

Dismissal of an employee is possible only in exceptional cases, which were described above.

When a child turns 3, the law stops protecting a woman... But before firing her, the employer must familiarize himself with all categories of persons who cannot be made redundant. They are listed in article 180 of the Labor Code of the Russian Federation.

According to the law, the reduction of an employee with a child over 3 years old still implies the responsibility of the employer. So, he is obliged to offer the employee another position that will correspond to her qualifications and the previous level of salary.

The new position must be suitable for the employee due to her health condition... The employer must offer all possible vacancies that are in his firm in a particular area.

Employer's liability for violation of the Labor Code

Violation of the rules and regulations prescribed in the Labor Code of the Russian Federation entails serious consequences for the employer. So, a person whose rights have been violated can apply with a written statement to the regulatory authorities.

Whether the labor legislation has really been violated is checked by the prosecutor's office or the labor inspectorate. They can carry out both scheduled and unscheduled inspections.

By a court decision, the employee can be reinstated in his previous position or he can receive monetary compensation from the employer.

In turn, the employer faces administrative or financial liability.

Thus, Article 5 of the Code of the Russian Federation provides for punishment for officials in the form of various fines:

for officials- from 1,000 to 5,000 rubles;
for individual entrepreneurs- from 1,000 to 5,000 rubles. or suspension of the work of the company for a period not exceeding 90 days;
for legal entities- from 30,000 to 50,000 rubles. or suspension of work for up to 90 days.

The case is considered by a state inspector or a district court.

Conclusion

So, the labor legislation of the Russian Federation has many nuances that every employer must take into account. You need to be especially careful if the company has parent employees..

Their family circumstances should be carefully examined before cutting. Indeed, in case of violation of the Code and other regulations, the manager risks not only undermining the honor of his company, but also financially.

Reduction of a single mother with a child under 14

Reduction of a mother with many children or a father is impossible if:

the woman's youngest child is not yet 3 years old;
the employee has 3 or more children dependent on him, and he is the only breadwinner in the family;
the second spouse does not work because he is on parental leave;
if one of the children has a disability.

Previously, these situations extended only to women, however, after some changes in labor legislation, a man also found himself under the protection of the right if he alone supports his large family. Women with children under 3 years old A woman who has a child under 3 years old is protected by the provisions of labor law. According to Article 261 of the Labor Code of the Russian Federation, an employment contract with such an employee cannot be terminated due to redundancy, if her child is not yet 3 years old. And even more so - Art.

Labor Benefits for Single Mothers (Single Mother Labor Code)

Single mother cut

Reduction of the position of a single mother of a body, an official authorized to consider cases of administrative offenses; - a violation by the employee of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed grave consequences (industrial accident, accident, catastrophe) or deliberately created a real threat of such consequences. Reduction of a single mother At the reception at the labor inspectorate to me 07/25/2013 Good afternoon. I am a single mother, raising a child of 6 years old.
I have been working in a western company for over 6 years, which was bought by another western company.

Reduction of a mother with a child up to 3 years old

Reduction of single mother Reduction of single mother in 2017 is only possible in strictly defined situations. In order to know in advance when the employer has the right to perform such an action, a woman should familiarize herself with all the nuances of the procedure in advance. Downsizing A single mother downsizing is not possible with downsizing.
A similar rule is enshrined in article 261 of the Labor Code of the Russian Federation. A woman can be dismissed only if the enterprise is liquidated by offering an alternative position. Often employers go for tricks, wanting to get rid of an employee, the interaction with which is associated with additional costs and difficulties for the company. Thus, the formulation of an action is often changed. The employer can cut not the employee himself, but exclude the position he occupies from the stately schedule.
But even in this situation, the state supports single mothers, providing them with guarantees.

Can a single mother with a child under 18 be cut at work?

Parental leave can be used in parts, so you have the right to use part of the leave and go to work. At the same time, at any time before the child turns three, you can interrupt work and again go on parental leave. In this case, you are also guaranteed the preservation of your place of work (position) (including who cannot be reduced to redundancy Moreover, for a short period of time, a woman may not know about it at all.

And nevertheless, if on the day of dismissal the woman was pregnant (and this fact is confirmed by the relevant documents), then the court recognizes the dismissal as illegal. Judicial practice does not attach importance to the fact that the employer is aware or not aware of the pregnancy of a woman falling under the reduction: Part 1 of Article 261 of the Labor Code of the Russian Federation contains an unconditional prohibition on the dismissal of a pregnant employee.

Can a single mother cut?

Dismissal of a single mother at the initiative of the employer

In all other cases, single mothers can be calm: they are not in danger of being laid off. Reduction of a single mother to 14 years. certain periods - also for widows and widowers who have children and do not receive a survivor's pension or social pension for them (for example, clause 3 of the Resolution of the Council of Ministers of the USSR No. 659 of August 12, 1970 "On Approval of the Regulation on the Procedure for Appointment and Payment benefits for pregnant women, mothers with many children and single mothers "and p. The employer has no right to reduce a single parent raising a child up to 14 years 4 Article 261 of the Labor Code of the Russian Federation. For example, absenteeism, repeated failure to perform labor duties, etc.
NS.

Is it possible to cut a woman by a child

The mother or father of a disabled child is an adult capable person who is a natural or adoptive parent of a minor child, and takes all the trouble of maintaining it. According to article 261 of the Labor Code, the employer of a breadwinner of a disabled child does not have the right to lay off such an employee until the child turns 18. At the same time, Article 179 of the Labor Code confirms that the employer, upon redundancy, must first of all leave the represented category of workers in production.

Benefits apply to parents with disabled children of any group. However, there are some nuances.

Reduction of the position of a single mother

An official definition of the concept of a single mother, as well as of a person raising a child without a mother, is not contained either in the Labor Code of the Russian Federation or in other federal laws. At the same time, under the previous regulation in the field of social protection of mothers and children, the concept of a single mother as unmarried was generally recognized as the concept of a single mother if there is no entry about the child's father in the birth certificates of children or this entry was made in accordance with the established procedure at the direction of the mother (while retaining the right to receipt of established payments in the event of marriage of a single mother). For the past 5 years, she has been working as a chemical engineer at the city's San Epidem station.
As far as I understand, he cannot simply cut a single mother and therefore will probably offer her the position of a disinfectant, a proven way of getting rid of employees in the past.

Dismissal of a single mother

Single mother status can be obtained by women who are raising a child on their own. An important condition is the absence of a record about the father in the baby's birth certificate. Also, this information can be entered from the words of the mother without documentary confirmation and establishment of the fact of paternity. The category of single mothers also includes women who have adopted a child out of wedlock for raising a child.

Russian legislation does not provide for special financial benefits for this socially unprotected category of the population. At the same time, the representatives of the beautiful half of humanity can count on bonuses in the field of employment, taxation and the social sector.

To be eligible for all benefits and benefits, you must document your status. To do this, you should contact the territorial offices of the Department of Social Protection of Citizens.

It is worth noting that women who are divorced from the child's father and do not receive child support payments from him cannot be classified as single mothers. Also, the deprivation of the father's parental rights does not make it possible to apply for the mother's status.

To find out the prospects for single mothers in various fields, as well as to understand whether a single mother can be fired, it is necessary to consult with an experienced lawyer. An expert in this industry will promptly answer all questions of interest, give advice, and help develop an algorithm for effective actions in case of infringement of rights. Most often, conflicts and disputes within the work are associated with ignorance of their rights and obligations, which is used by others or superiors.

Among the huge variety of law firms that provide assistance to citizens, it is not easy for a single mother to choose the right option. Saving effort, time and money is guaranteed by online legal advice.

Reasons for dismissal and redundancy of a single mother

If a single mother fulfills her labor obligations conscientiously and efficiently, her manager has no right to fire her. The procedure for hiring, as well as the conditions for dismissal, are regulated by the Labor Code of Russia. These rules apply to women who independently raise children up to 14 years old or disabled children up to 18 years old.

According to one of the articles, the reduction of a single mother is possible in the following cases:

systematic violations of the rules and norms of labor legislation, as well as discipline in the process of work;
absenteeism for disrespectful reasons (any absence from the workplace must be documented);
the closure of the enterprise and the liquidation allows the management to reduce the entire staff, despite the social belonging;
irresponsible attitude to material assets under the responsibility of this person;
disclosure of professional secrets protected by law;
violation of labor protection rules;
theft or waste of money or other people's property;
use of falsified documents for employment;
immoral acts on the part of a single mother;
termination of the employment contract;
attending work in a state of alcoholic or drug intoxication.

It is worth noting that on these grounds, any employee can be fired or laid off, not just a single mother. The Labor Code is designed to regulate the relationship between the employee and the employer so that the rights of both parties are not infringed upon.

When applying for a job, it is necessary to consult with a lawyer in the field of the labor code. A professional will tell you how to competently and legally draw up a contract of employment, and will also become a guarantee that there are no mistakes in the document. Most often, the employer's first violation is not to provide full information to the employee about his rights and obligations.

If a single mother believes she was illegally fired from her job for no good reason, she can sue for guidance. However, it is worth considering that it is necessary to have evidence that the dismissal was illegal.

Labor benefits for single mothers

In addition to the fact that it is possible to reduce a single mother only on the above grounds, such women can take advantage of some benefits and guarantees in the labor sphere. According to the Russian legal framework, single mothers can count on:

Restriction of overtime and night work, as well as refusal to travel. If an employee expresses a desire to work on a general basis, she is obliged to write a written consent to organize work at night. Also, this social category should not have contraindications for health.
Additional vacation. It can only be obtained if this rule is specified in the collective agreement. According to such a document, single mothers (fathers) who are raising children under the age of 14 can receive unpaid leave for up to two weeks at any time. If necessary, vacation can be divided into parts or taken at a time.
Establishing a part-time day or week. The employer must reduce the number of working hours at the request of the employee (s) caring for a minor citizen of the Russian Federation. If this person works in full, then he receives payment in proportion to the hours worked.
If a single mother is raising a disabled child, then until he reaches the age of 18, she is entitled to additional days off, usually four a month. This working time will be paid by the employer in full.

It is worth noting that a single mother cannot be refused employment due to the fact that she is independently raising a child. Also, the company is obliged to pay sick leave for children in full, and if the child is over 7 years old, then payment is made for 15 days of treatment. A single mother can count on an employer's allowance if her child falls ill. The amount and procedure for paying cash assistance should be specified in the employment contract.

In a situation related to the liquidation of an enterprise, the previous employer is obliged to employ a single mother and find her a new place of work.

Other categories of benefits and allowances for single mothers

The state seeks to support and help single mothers as much as possible. If federal legislation does not provide for great benefits for this category of the population, the regional authorities independently establish the amount and procedure for compensations and benefits for single mothers.

So a single mother in Russia in 2016 can take advantage of tax incentives. They represent compensation that is paid to women who are raising children or a disabled child on their own.

The advantage is the fact that single mothers are exempt from paying taxes on individuals. Benefits and compensation guarantees in the field of taxation can be received not only by single mothers, but also by fathers raising children without a second parent, guardians, etc.

A single mother can receive benefits in areas such as:

enrollment in preschool educational institutions;
free medical care;
free lunches at school for children;
discounts when paying for tuition, kindergarten, etc .;
getting a ticket to health camps, sanatoriums, recreation centers, etc.

Also single mothers can participate in the state program "Young Family". This is a course aimed at obtaining housing on favorable terms. In order to participate in the program, you must have one or more children and the mother must be under 35 years of age.

Also single mothers have the right to use maternity capital. The family capital certificate can be issued after the birth of the second child in the family. The funds from this fund can be used to educate children, improve living conditions or form the funded part of the mother's labor pension.

In 2016, the government allowed to cash out 20,000 maternity capital and spend money on any family needs without reporting. To obtain a certificate, you should contact your local FIU office.

HELP YOU WITH A FREE LAWYER CONSULTATION?

konsultiruet-yurist.ru

On the reduction of a woman with a child under 14 years of age with a reduction in staff

Can a woman with a child under 14 be made redundant if the headcount is reduced? This question is asked by many employers when it comes to the forced reduction in the number of workers. To fully understand this issue, you need to contact the legislator, who describes in detail the mechanism and legal basis for various kinds of reductions, including the possibility of dismissing privileged categories of workers.

The only legal basis for the emergence of an employment relationship between a legal entity and an employee is an employment contract. The signed contract can be of unlimited duration or one that is concluded for a specific period of time. Regardless of the type of labor agreement, the legislator determines the possibilities for early termination of the employment relationship. One of the reasons for the termination of labor is the reduction.

In practice, an employee may face the following types of redundancies:

decrease in the number of staff;
elimination of individual posts;
significant reorganization;
complete liquidation of a legal entity.

Important! Regardless of the reasons and grounds for the layoff, the employee must be notified of the imminent dismissal personally by the head of the enterprise and at least two months before the agreed date.

Depending on the type of reduction, the further actions of the employee will depend, and it will also become known whether the administration of the company can dismiss a mother with a minor child.

Legal benefits

Family protection is one of the main directions of social policy in the state. In particular, this applies to special conditions for the performance of work for parents in whose families young and minor children are brought up. So, according to the norms of the current legislation, special benefits and relaxed conditions for the performance of labor are applied to these categories of employees. The main ones include:

the need to transfer to lighter working conditions or shorten the working day in order to reduce the production load;
additional two periods of half an hour of daily rest for mothers with babies, which are set aside for feeding the babies;
the possibility of obtaining additional days off or days of unpaid leave.

These are some of the few reliefs that apply to working parents. In addition, a number of significant advantages relate to the possibility of preserving a job for preferential workers. And, importantly, both biological relationship and the fact of adoption of children are taken into account.

How to issue a passport for a child under 14 years old through the portal of State Services A foreign passport is a mandatory document for any foreign travel. The issuance of such an identity card does not depend on the age of the tourist. Pensioners, young people, and - through their parents - schoolchildren have the right to request it, [...]
K-Raut stores are closing: Liquidation of goods Promotion period: February 26, 2018 - March 14, 2018 The K-RAUTA hypermarket chain in Moscow, St. Petersburg and Kaluga is closing! K-RAUTA stores in Russia are bought by the Leroy Merlin company. According to the board of directors, the decision to leave the Russian market was prompted by [...]
New state duty for the issuance of a driver's license Increase in the cost of a driver's license and car registration certificate (STS). The Ministry of Internal Affairs of the Russian Federation, has developed a bill that amends the Tax Code of the Russian Federation, changes regulating the collection of state [...]
We draw up the termination of an employment contract with an employer correctly: how many days does it take to write a letter of resignation? According to the laws of our country, there are several reasons for terminating an employment contract (Article 77 of the Labor Code of the Russian Federation). One of them is the desire of the employee himself. If you want to leave the workplace, a person must [...]
Law of passing a medical commission Passing a medical commission for sports sections and clubs not included in the schedule agreed with the Department of Youth and Sports of the city of Sevastopol is carried out by appointment by a trainer: through a call-center (registration by phone 55-77-45); across […]
What font to write an abstract in? What font should you write your abstract in? As a rule, all the requirements for writing an abstract are given in the methodological manual, but if there are no clear rules, it is worth using generally accepted rules. So, how to write an abstract correctly? The font must be Times New Roman 14 without [...]
Vacation application - sample Download a sample of the "Vacation application" form Document in MS Word format. The right to provide annual paid leave in accordance with Article 122 of the Labor Code of the Russian Federation arises for an employee after six months of continuous work in the organization. According to the Labor Code, the duration [...]
Order of the Ministry of Transport of the Russian Federation of 13.02.2013 No. 36 Categories and types of vehicles equipped with tachographs Appendix No. 2 Categories and types of vehicles equipped with tachographs Appendix No. 2 Tachographs are equipped with the following categories and types of vehicles, put into circulation and located in [...]

Impossible. Lonely fathers have the same privileges.

However, there is an exception to the above rules. Reduction is acceptable:

If the organization completely ceases to operate due to liquidation.
When the employee's child turns 14, the woman can be laid off in the general manner.
If a position occupied by a single mother falls under the layoff, then the employer must offer her another job that will fully correspond to the level of qualifications of the worker. If there is no such place, then the employer is obliged to offer a lower position in the same enterprise ().
If a single mother is not satisfied with the proposed vacancy and the employee refuses it, then this moment is recorded in writing. In such a situation, the employment contract is invalidated.

Read more about whether it is possible to fire a single mother and about the nuances of the procedure.

How to cut a staff member?

Reduction is a time consuming process and is accompanied by many documents.

Decision on termination of the employment contract and notification of the employee

At the first stage, the management of the enterprise draws up a memorandum in which it writes that some employees are not in demand, due to a decrease in the volume of work. Respectively, to optimize costs, it is necessary to conduct downsizing.

The note can be accompanied by reports, cost reduction plan and economic analysis. On the basis of these documents, the company's management at the meeting decides to cut certain positions. Next, in order to determine the preemptive right, the personnel are assessed for the level of qualifications, based on the results of which the final decision is made on the dismissal of a particular employee.

After the decision is made, a directive document on the reduction is issued. According to the adopted legislation, each employee must be notified of the impending reduction at least two calendar months before the date of the event. In this case, the worker is obliged to sign that he received the notification. The notification is always generated on behalf of the head of the organization (director, manager, general director).

However, the document is drawn up by other authorized persons. These can be secretaries, lawyers, personnel officers and even accountants. Anyway the persons who draw up the document must be specialists with the required level of knowledge to fill out the document correctly.

There is no standard unified alert template. In this regard, the company can draw up a notice in any form, or make a corporate template and use it. Your own sample of the letterhead must be recorded in the accounting policy of the company.

A correctly completed notification includes the following data:

Full name of the company.
The current date of the document formation.
The date of the proposed dismissal.
Reasons for dismissal.
Link to the administrative document.
Suitable vacancies that the company has at that time.

Drawing up an order and filling out personnel documents

The publication and publication of the administrative document takes place in a standard manner. The order is filled out on the unified form T-8. The dismissal order is drawn up after the decision on the layoff is made and the employee is notified.

A competently completed document contains the following details:

Dismissal date.
The name of the company.
Full name of the employee, personnel number, department and position.
The reason for the cancellation of the employment agreement is the reduction.
Link to legislative acts.
The name and number of the order, which serves as the basis for the actions performed.
The date of the order formation.
The signature of the laid-off worker after reading the document.
List of responsible persons and their signatures.

The work book is issued on the last working day. Before this, the employer is obliged to make an appropriate note in the document. The record must contain the number of the administrative document and its date, as well as the reason for dismissal and a reference to the current legislation. Upon receipt of the work book, the employee must subscribe to the log book of the company's internal documentation. A personal signature will confirm the receipt of the document in your hands.

In addition, personnel officers must enter all data on dismissal on reduction in the employee's personal file, put the date of departure, the reason and indicate the order numbers as the basis.

Employment center notification

Payments and terms of their receipt

The list of payments includes the following charges:

Salary for actually worked time in the billing period.
Average monthly salary. During the first two months, and sometimes three after the layoff, if the employee has not yet found a new job, then, according to the law, she can receive an average salary.
Additional compensation. In case of early dismissal, the employer is obliged to make a payment in the amount of the average daily earnings for all the days that remained before the expiration of the notification period.
Cash reward for days of unused vacation.

All payments must be credited to the employee on the last working day and no later.

What should a woman do if she is being cut?

If the child of a single mother has reached the age of 14, then the layoff is completely legal. In this situation, you need to go to the labor exchange and look for a new job. In a situation when a single mother was illegally fired, she must be able to competently defend her rights... To do this, the employee must write a claim to the labor inspectorate, the prosecutor's office, and, if necessary, to the court.

Responsibility of management in case of illegal dismissal of a single mother

If the employer violated the rules stipulated by law, then this entails serious consequences for him. A citizen whose rights have been infringed upon and violated has the right to file an application with the authorities exercising control. The fact of violations of labor legislation will be checked by the labor inspectorate and the prosecutor's office. These bodies have the right to conduct unannounced inspections.

By decision of the judicial authority, an employee who has suffered can be reinstated to his previous position or will receive compensation for the harm caused by the employer. The employer faces administrative liability.

According to the legislation of the Russian Federation, the employer will be punished in the form of fines, namely:

For officials - from 1,000 to 5,000 rubles.
For individual entrepreneurs - from 1,000 to 5,000 rubles. or suspension of the firm's work for a period not exceeding 90 days.
For legal entities - from 30,000 to 50,000 rubles. or suspension of work for up to 90 days.

The court may order the payment of compensation to the worker in the amount of unreceived money after an illegal layoff.

Thus, the reduction of a single mother, if the child is under 14 years old, is strictly prohibited... Such an action is allowed only if the organization completely ends its activities in connection with liquidation. However, when the child turns 14, the employee can be laid off on a general basis. The procedure is accompanied by numerous documents.

It is very important that the management of the company promptly informs about the intention to lay off the staff. If the employer unlawfully dismisses the employee, then he will be fined or his activities will be suspended.

Can a woman with a child under 14 be made redundant with a layoff? Privileges are not granted to all employees, but only under certain circumstances. When can a working mother be sure she will not be fired?

When a woman with children under 14 cannot be reduced?

A layoff is a type of layoff in which certain categories of workers cannot be laid off under any circumstances. A large group of those who cannot be reduced are women in certain conditions. Therefore, questions often arise, for example, can a mother with many children be laid off when the staff is cut, or can an employee who is raising children alone be removed from the staff?

Article 179 of the Labor Code of the Russian Federation.

In the Labor Code, namely in article 179, provided to clarify the advantages of certain employees over others in case of redundancy, the following categories of women workers are indicated, which must be left in the workplace:

Employees caring for three or more children.
Workers are the only breadwinners in the family.
Workers whose children are under three years old.
Persons who have dependent minor children with disabilities.

This also includes fathers if they raise children under the specified conditions.

There are some nuances:

The age of one of the children is less than fourteen years old, but more than three, does not give the employee the right to stay in the organization if they are optimizing by downsizing.
If a mother is raising children alone, or she has more than two dependents, she will definitely retain a job.
Children do not have to be dependent, if the spouse or mother of the employee is disabled of the 1st or 2nd group, she will not be laid off.

Important! Priority is given to some women by law only if their qualifications and experience are at least equal to those of other workers. If knowledge is not enough, the employer can send them to improve their qualifications.

Can't cut single mothers

Single mothers are not included in the list described in article 179, but article 261 of the same code prohibits termination of an employment contract with such a category of workers on the initiative of managers, except for those grounds when a woman violates the terms of the employment contract grossly or not for the first time.

When downsizing, the employee will be offered in writing all available positions with which she could cope. She has the right to refuse an unlimited number of times throughout the entire period until the day of reduction comes. Even if there are no other vacancies for her that would match her skills in production or other field of activity, such a worker will not be fired. Most likely, she will be sent to refresher courses, and only if she refuses, she will have to terminate the contract with her.

In order for a woman to be left at the enterprise, it is enough to provide documents confirming the benefit. For example, copies of birth certificates of all children or a certificate from a medical institution stating that a spouse is disabled and cannot work, as well as raise young children.

In order to prove that the employee is a single mother, appropriate evidence must also be provided. Many controversial situations arise with them, since as such a term "single mother" is not defined in the law.

The heads of the enterprise, and later the courts, interpret the articles of the law in different ways; in various situations, a woman may or may not be recognized as a mother raising children alone.

However, in any case, you need to provide supporting documents for the company. First of all, this is the birth certificate of a child, in the paternity column of which there is a dash. If a woman is simply divorced, and the father is established, the status of a single mother is not assigned to her, as the results of judicial practice show. And in the opposite case, if she got married, and the spouse is in no hurry with the adoption of the child and there is no father's data in the birth certificate, the mother will be considered lonely.

There are advantages for female workers raising children when they are laid off. However, situations are possible that may lead to dismissal on the initiative of the management before the reduction occurs. For example, failure to perform official duties by an employee or gross violations of discipline.