Contents
Is it possible to fire a pregnant woman on probation
When looking for an answer to the question of whether it is possible to fire a pregnant woman, you need to study the laws in order to know your rights. True, even in the laws there are loopholes that unscrupulous employers use.
Is it legal to fire a pregnant woman?
The Labor Code protects women from unwanted shocks in the form of dismissal from their jobs. But not every employer or entrepreneur is interested in providing special conditions for a pregnant employee and keeping her workplace for 3 years.
A pregnant woman can be fired only with the complete liquidation of the enterprise.
A mother-to-be can only be fired in two cases:
- with the complete liquidation of the institution where she works;
- upon termination of the work of the entrepreneur who provided her with a job.
A woman should receive a written warning 2-3 months before the liquidation of the enterprise. Upon dismissal, she is paid full salary. This must be remembered and not allowed to infringe on your rights.
The liquidation of the department or workshop where the pregnant woman worked does not give the employer the right to force her to sign the documents for dismissal. He is obliged to transfer her to another workshop or department, while maintaining her wages. Reorganization or change of management is also not a reason to deprive a future mother of a job.
Disciplinary misconduct, absenteeism, violations of labor discipline cannot be the reason for the dismissal of a pregnant employee. In such cases, the employer can only make a verbal reprimand, de-bonuses or reduce salary increments.
Is it possible to fire a pregnant woman on probation?
The conclusion of an employment contract often involves a probationary period for a specified period of time. At the end of the probationary period, the employer decides whether to hire a new employee or not. If he has not passed the probationary period, the management decides to dismiss him.
The law prohibits the dismissal of a pregnant woman on probation. Even a lack of professional skills is not a reason to fire a pregnant employee. But if a pregnant woman wrote a letter of resignation of her own free will and initiative, the personnel department has no right to detain her.
The employer bears full responsibility for the violation of the rights of pregnant women and their illegal dismissal. In case of infringement of their rights, expectant mothers can turn to the State Labor Inspectorate for help.