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Dismissal on maternity leave: at the employee’s own request, compensation
Dismissal on maternity leave is allowed in rare cases, which are provided for in the Labor Code. Expectant mothers need to know their rights and understand the features of this procedure.
When an employee might lose his job
The rights of expectant mothers are protected by law, and the employer has no right to reduce them on his own initiative. 70 days before the birth of the child, the woman receives a sick leave and goes on maternity leave for 140 days.
Firing on maternity leave is unprofitable for a woman
At this time and after the appearance of the baby, the reasons for losing a job must be exceptional or compelling:
- Closure of the enterprise. Upon liquidation, when the organization ceases to exist, everyone is fired. But in the event of a reorganization, a change in the name or legal form of an enterprise and in case of a reduction in staff, the dismissal does not apply to pregnant women and maternity wives.
- Agreement of the parties. By mutual agreement, the employee signs an agreement to dismiss. It should be borne in mind that at the same time a woman loses payments, and her experience may be interrupted.
- Completion of the term of the employment contract. Dismissal is legal, but it occurs only after the end of the maternity leave.
The employer has no right to pressure a woman to leave the enterprise.
For various reasons, a woman herself may want to quit, although such a step is unprofitable for her. According to the law, after submitting an application, the employee is obliged to work for 2 weeks, but the expectant mother by this time, most likely, has transferred the affairs to other people or a temporary employee was taken in her place.
With the consent of the employer, the employment relationship may end immediately after the application is submitted or in a few days required to complete accounting calculations and prepare documents. The work book is handed out personally or sent by mail upon request.
Dismissal procedure and compensation
First, a woman submits an application for resignation, or 2 months before dismissal, she is presented with a notice of the liquidation of the enterprise. All orders must be signed by the employee, confirming that she is familiar with them. A work book is issued, where there is a record of the reason for the dismissal, other documents, wage arrears and the following charges are paid:
- unused vacation is compensated;
- severance pay is issued equal to the average monthly earnings;
- payment for employment is charged if you want to go to work.
If a woman registers with the employment service, she can receive unemployment or childcare benefits of her choice. The amount accrued for sick leave for the period of pregnancy and childbirth must be paid in full.
In case of unlawful dismissal, the maiden should contact the labor inspectorate or resolve the issue through the court. Although the proceedings may take a long time, there are many chances to win against her, since the law protects the interests of the young mother.