Dismissal of a single mother

Maternity and childhood in our country is given great importance. Single mothers raising children without a spouse are provided with additional, compared to other employees, rights and benefits.

The procedure for dismissing an employee must strictly comply with the provisions of the Labor Code of the Russian Federation in force at the time of termination of the employment contract.

It is considered that a single mother is a woman who has given birth (raising) a child or several children without being married. This is not entirely true. Today, many live in the so-called civil marriage. Registration in the passport of the conclusion of a marital union is absent, but children have a legal father, which is reflected in the relevant documents. Fathers passports contain records of children, and fathers' data is shown in children's birth certificates. There are corresponding entries in the registry offices registry books.

A woman can become a single mother after a divorce from her husband or after the death of the father of the child, but in this case she cannot be equated to the category of single mothers.

In a number of cases, legislation, in particular, labor, does not distinguish between these situations. A special procedure for dismissal is guaranteed to all single women with a minor child (children).

The concept of single mother laws is not fixed. There is an explanation of the Supreme Court. So, in the resolution No. 1 of January 28, 2014, it is said that This status applies to female individuals who take care of children alone, whether adopted or own.

Labor relations are characterized by the interaction of the employee and the employer. At the same time, the first one performs the duties assigned to him independently in full compliance with regulatory acts. The dominant position in such situations is the Labor Code of the Russian Federation.

In addition to the Labor Code, the norms are established by other regulations: regulations, rules, federal, regional, departmental, local and corporate documents.

At the federal level, international treaties play an important role. They take precedence over other acts regulating labor relations.

Labor standards are enshrined in the basic law of the country - Constitution of the Russian Federation. Decrees of the President of the Russian Federation and resolutions of the Russian government are federal.

Laws and regulations are issued at the regional, departmental and local levels, respectively. Each of them should not conflict with the requirements of the Labor Code of the Russian Federation.

Most of the rules of conduct, rights and obligations of the parties to an employment contract are issued in enterprises and organizations. At the local level, the relations of the parties are specified for specific working conditions, which is fully justified, since what is important in one case may be considered unacceptable in the other.

Usually local acts, such as work rules or staffing, are long-term. Each employee, when entering the organization, not only concludes an employment contract with the employer indicating the position, certain functions, place of work, rights, duties, wages and other essential working conditions, but also gets acquainted with all local regulations in force for this employer.

On his own initiative, any employee can quit his job. In order to part with the employer, without violating the law, you need to write a statement where to express the desire to dismiss with the date of termination of the employment contract.

A single mother who wrote a statement, within the fourteen days established by the Labor Code of the Russian Federation to work out before dismissal, has the full right to withdraw her application. In this case, she can continue to work, as before, under one condition. An obstacle to the continuation of employment at the same employer may be the presence of a written invitation from another employee to the place vacated by it. If, after receiving the application, the employee is sent an invitation to another specialist, there will be no return.

A woman has the right not to go to work after the expiration of the notice of dismissal. Such absenteeism will not be considered absenteeism. If the time has passed, and the single mother continues to work, and she was not given an order to terminate the employment contract, it is considered that she works under the same conditions, the contract is extended indefinitely.

Upon termination of the contract, single mothers are required to issue:

• all wages earned by her, including bonuses, rewards;
• properly executed work book;
• compensation for unused vacation (if there are grounds);
• certificates or certified copies of the requested documents.

As a general rule, the employer must find out about the employee’s intention to quit at least two weeks. During these 2 weeks of working out, you can find a replacement for the one who leaves. Notify her intention to leave work single mother can, while on vacation or on sick leave.

Under certain circumstances, you can terminate the employment contract and without working off. Often, the dismissal of their own will is replaced by the termination of the relationship by agreement of the parties. In such cases:

• a written agreement is made prior to the issuance of the order;
• the period of mining can be reduced to zero;
• employee paid a certain amount in excess of wages.

The order of calculation on the initiative of the employee is established by Art. 80 of the Labor Code of the Russian Federation.

The grounds for dismissal on the initiative of the employer are set forth in Art. 81 of the Labor Code of the Russian Federation. Most often, employment contracts are terminated immediately with several employees in case of a reduction in the staff of an organization or the complete liquidation of an enterprise.

Other bases are used infrequently. To get rid of a negligent employee in a legal way is possible only with the condition of strict observance of the rules of law. In the text of the order and in the workbook, the basis must correspond to one of those available in art. 81 of the Labor Code of the Russian Federation.

A single mother with a child up to 14 years old can be dismissed only for perpetration of guilty actions, for example, for:

• absenteeism;
• loss of confidence;
• committing theft;
• non-fulfillment of the duties assigned to it (with repeated imposition of disciplinary sanctions);
• coming to work drunk or under the influence of drugs or toxins;
• disclosure of secrets (official, state, commercial).

In other cases, the dismissal on the initiative of the employer of a single mother raising a child who is under the age of fourteen is illegal.

In order to dismiss a single mother on probation, the employer will have to “work hard”. According to the rules of art. 261 of the Labor Code of the Russian Federation, a negative test result cannot be considered a legal basis for dismissing the above-mentioned category of female workers.

It is possible to terminate the contract with a single mother without breaking the law at the end of the term of the employment contract concluded for the period of absence of the main employee.

The number of employees is determined by the administration of the organization. The employer decides to reduce or increase staff at its own discretion.

The legislator has established a number of requirements required by the employer. So, the decision (order on reduction) should be considered by the primary trade union organization (if there is a trade union). The administration notifies the trade union two months in advance. A similar notification of a reduction in the labor exchange is transmitted for the same 2 months before the event.

Notification of the employee, whose position falls under the reduction, is supposed to hold no less than two months before the dismissal. The employee signs the notice, thereby confirming that he knows about the impending dismissal.

If the organization does not cease to exist, a single mother with a child who has not reached the age of fourteen cannot be dismissed (art. 261 TKRF).

At liquidation of the enterprise (organization) all workers are subject to dismissal. On the day of termination of the contract, an employee is issued an employment record. There are other personnel documents that require careful processing. These include orders and personal cards of employees. Documents of the liquidated enterprise are transferred to the archive. The shelf life of submitted personal cards is 75 years.

Leave is due to all employees (Art. 114 of the Labor Code of the Russian Federation). The duration of the next vacation for the year of work is 28 calendar days (Article 115 of the Labor Code of the Russian Federation). If the allotted time is worked out, but the person leaves, not having had a rest due to him according to the law for 28 days, he will receive monetary compensation for unused vacation along with his wages on the last working day. Compensation is paid in the case when only a few months have been worked out and the time for granting leave has not yet come. The amount of compensation is proportional to the time worked.

Some categories of workers are entitled to additional paid leave. Such vacations are relied upon by those who work:

• in the High North;
• in conditions of increased hazard or danger;
• with nonnormable time;
• on special conditions.

Single mothers are entitled not only to basic leave provided on a schedule. In an incomplete family, circumstances may arise in which the mother should be free from work. The legislator provided for such situations and obliged employers to provide women with additional unpaid leave.

Such leave is granted to female workers without pay (article 263 of the Labor Code of the Russian Federation). To obtain unpaid leave, a single mother must express her desire in writing (submit an application). The employer can not refuse to provide additional leave, provided that:

• the child of a single mother is not yet 14 years old;
• total vacation time does not exceed fourteen days.

It is important that 14 days of the established Art. 263 TK RF leave the employer is obliged to provide a single mother at any time convenient for her. It is also important that the vacation at your own expense can be:

• add to the next vacation;
• to take off in parts;
• take it entirely, for example, during the winter holidays or for the period of collective leave of staff in kindergarten.

In agreement with the leadership of the woman can take other additional leave without pay. In addition, local acts (LNA) organizations may establish other benefits for women raising children without spouses.

In case of dismissal on any basis on the last day of work (it is also the day of dismissal), the single mother must be paid by the employer in full for the time worked. In addition, at the same time, and compensation for unused vacation, if the woman has worked the appropriate time to get her leave.

When the employment contract is terminated by agreement of the parties, the amount specified in the agreement on the termination by the parties of the employment contract is added to the mentioned payments, of course, when such was included in this agreement. The average salary for two weeks is paid in case of dismissal due to the disagreement of the employee to work in the new conditions.

Dismissed without her consent, a single mother has the right to appeal the employer's decision.

The choice of organization for appeal remains with the woman. A statement on the violation of her rights and demands for restoration at the workplace can be sent to the court or to the labor inspectorate (Article 352 of the Labor Code of the Russian Federation). In the first case is required to meet the deadline. Only one month is allocated for such actions from the moment of dismissal or from the day of receiving a copy of the order on termination of the contract (Art. 392 of the Labor Code of the Russian Federation). Appeal to both instances at once is not forbidden.

Do not be afraid of litigation. Illegal actions of the employer become apparent when considering the documents. If a single mother does not have written evidence, she should petition the court for their recovery. The lawsuit will be satisfied without bringing a lawyer to the plaintiff’s side. The right of the worker in the process of restoration is protected by the prosecutor (Article 45 of the Code of Civil Procedure of the Russian Federation).

In fact, the claim will not cost a woman a penny, if the statement is written by hand in any form. An unlawful dismissal is granted a privilege when applying to the judicial authorities for protection. Physical persons are exempt from paying state duty (Article 333.36 of the Tax Code of the Russian Federation).

An employer for unlawful dismissal of an employee will have to answer for several regulations:

• TK RF;
• Administrative Code.

When reinstated in a previous position, any employee receives a salary for forced labor (Article 394 of the Labor Code of the Russian Federation). Forced absenteeism is considered all the time from the date of dismissal to the date of a positive decision by the court. The decision of the court is subject to execution immediately, even in case of disagreement of the employer with the decision and intention to appeal against it.

Art. 237 of the Labor Code of the Russian Federation provides for the possibility of requesting compensation for non-pecuniary damage to someone who is dismissed without a legal basis.

If a person is taken to the place of the dismissed person, then he should be dismissed or given the opportunity to work in another position, which implies additional costs for the organization.

A single mother who was dismissed against her will may turn to the labor inspectorate or the prosecutor's office with a complaint about the illegal actions of the employer. State structures, upon the application of the victim of the arbitrariness of the heads of the organizations, conduct thorough checks.When illegal actions are confirmed or other violations of labor legislation are identified, the employer bears administrative responsibility under the Administrative Code (Article 5.27).

This article provides for the imposition of a fine on the guilty person. It is also possible to suspend the activities of an individual who has committed an administrative violation of an individual or organization for a specific period