Is it possible for a single mother to be fired at the initiative of the employer?

An employer faces many obstacles when dismissing a negligent employee on his own initiative. The number of these obstacles doubles if termination of the contract is required with a mother who is raising children alone. This is due to the fact that the laws of the Russian Federation, including the Labor Code, are aimed at protecting single mothers. If the employer ignores all existing regulations and terminates the employment contract, the woman can easily challenge the dismissal in court.

A pregnant conscript became a single mother. Is it possible to fire her ?

Is it possible to fire a single mother?

The authorities strictly monitor compliance with the benefits and guarantees provided to single mothers. For example, it is possible to terminate an employment relationship only in the presence of serious circumstances.

The procedure for dismissal of single mothers is fixed in the Labor Code of the Russian Federation. Article 261 reflects a list of grounds that allow you to sever a relationship with a subordinate at the initiative of the employer:

• immoral behavior of an employee;
• liquidation and other actions related to the termination of activities;
• health status reflected in the medical report and preventing further compliance with the job description;
• non-compliance with labor regulations;
• culpable behavior resulting in loss of trust.

Attention

The general rules do not apply to the unilateral dismissal of single mothers with children under 14 years of age.

When the right to benefit is lost

The general basis for the loss of the right to benefits during layoff is the child reaching the age of 14 years, or the age of majority of a disabled child. This fact is confirmed by the child’s birth certificate or passport. In addition, the benefit of reduction is lost under the following circumstances:

• if the child’s biological father has proven his paternity in court and registered this fact in the registry office;
• if the woman got married and the new spouse agreed to the adoption or actually recognizes himself as the father of the child;
• if the only child died or the adoption was canceled.

A woman may try to hide these facts in order to save her job. However, if cases of deception are identified, she will be subject to disciplinary action for gross violation of labor discipline and official duties, which may lead to dismissal for guilty actions.

Any violation of labor rights associated with the refusal to provide benefits gives rise to an appeal to the court or other authorized departments.

Normative base

The procedure for applying the regulatory framework regarding the work of single mothers is reflected in Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1.

Federal Law No. 256 provides for additional state subsidies for families with children. A single woman who gave birth to 2 babies without male support is also entitled to maternity benefits.

Information about all other support options is contained in labor legislation. The list of guarantees is fixed in Art. 261 Labor Code of the Russian Federation. The employer can terminate the contract with a single mother, but only in the presence of exceptional circumstances set out in Art. 81 of the Labor Code of the Russian Federation (except for paragraphs 2-4 and 9) and in Art. 336 of the Labor Code of the Russian Federation, if we are talking about a female teacher who ignored part 2.

Word of the law

The current legislation of the Russian Federation classifies women raising children without paternal assistance as a socially unprotected category of the population. And this is right, since she is the only breadwinner in the family.

If she remains unemployed, then, first of all, her child will suffer. Therefore, of course, a single mother is concerned about the question: can she be fired without her consent?

The employer also has doubts on this issue. And he should take into account that not all women living without the father of their child have the status of a single mother.

What is written in the law about all this?

In this case, you need to pay attention to the provisions of family and labor legislation.

Concepts

In Russia, there are 2 categories of women who, for whatever reason, raise women’s children without paternal participation.

These include:

• single mothers;
• wives with whom the children they shared with their husband remained after the divorce;
• widows with children living with children after the death of their father.

There is no specific concept of “single mother” in legislative acts. It can be described as a “single mother”, “a mother raising a child without a father”, etc.

But there is a specific definition of women who are assigned the status of single mother. These include representatives of the fairer sex whose life situation falls under certain circumstances.

From the table below you can clarify who should be considered a single mother.

The following workers do not fall under the preferential category of single mothers:

• Women who were left with children together with their spouse after a divorce, even if the father did not pay alimony.
• Widows with children.
• Women who were not married to the child's father, but at the same time proved his paternity in court.
• Mothers who gave birth to a baby within 300 days after divorce. In such cases, employees of the civil registry office, according to Article 48 of the Family Code of the Russian Federation, must enter the personal data of her ex-husband in the column about the father. Such a record can only be challenged through court.
• Women with children whose father has been deprived of parental rights.

If there is a question about dismissing an employee with children, then the employer first needs to clarify her status.

After all, even a married woman whose husband did not adopt her first child can have the status of a single mother. And her employee, who is raising joint children herself after a divorce from her husband, even without his alimony, will not be a single mother.

Normative base

When dismissing a single woman with children, you need to focus on the norms of family and labor legislation. First, according to the articles of the insurance code, they clarify what status the employee has. Then they study the benefits provided by the labor code in accordance with her social position in society.

Family Code of the Russian Federation

Labor Code of the Russian Federation

A single mother with one or two children has more privileges to keep her job than other employees, so she can be fired either for very gross violations of labor discipline or in the event of the complete liquidation of her department or enterprise.

Let's take a closer look at the cases in which the law allows termination of an employment contract with a single mother.

Is it possible and in what cases?

The provisions of Article 261 of the Labor Code of the Russian Federation allow for the possibility of dismissing an employee by legal means who has the status of a single mother in the following cases:

• when staffing is reduced, if none of the positions offered suits her any more;
• the employee’s qualifications do not correspond to her position;
• when a change of ownership is expected at the enterprise.

However, there are other standards that allow the manager to dismiss such an employee if there is a systematic violation of discipline.

For all workers, without exception, including single mothers, the provisions of Article 81 of the Labor Code of the Russian Federation apply.

This article describes very compelling reasons for unilateral termination of an employment contract by the employer.

They are:

• Violations of labor discipline: being late for work; absenteeism; premature departure from the workplace; appearing drunk at work; immoral behavior that causes conflict among colleagues, etc.
• Ignoring safety regulations, which could result in injury or death to the employee or others.
• Intentional damage to or theft of company property.
• If it is revealed that an employee submitted false documents when applying for a job.
• Avoidance of official duties.

Another circumstance under which a manager can terminate a relationship with a single mother working for him is the end of the employment agreement (Article 79 of the Labor Code of the Russian Federation).

Is it possible to take leave before maternity leave in advance? Detailed information is on our website. What is the probation period for the head of the organization? Find out here.

Dismissal of a single mother in different cases

Vulnerable groups of the population are provided with government support. Before parting with a single mother, the employer is recommended to study the norms of the Labor Code:

• Art. 77 on general rules for dismissal;
• Art. 79 on fixed-term working relationships;
• Art. 74 on legal ways to adjust the contract, as well as on the organizational and technological situation at work;
• Art. 179 on preserving the place of work on a preferential basis.

Attention

Failure to comply with the law when terminating a contract can result in serious consequences for the employer - punishment in accordance with the administrative and criminal codes.

Dismissal of a single mother at her own request

Expressing a personal desire to change place of employment (Article 80 of the Labor Code of the Russian Federation) should not and cannot give rise to complaints. But in practice the following circumstances occur:

• a single mother is forced to ask for leave;
• the boss grossly violates labor standards;
• I need to quit urgently.

What should I do? The creation of conditions in a team that force people to leave should be considered by the inspectorate that protects the rights of workers or the prosecutor's office. Only the presence of serious violations on the part of a single mother allows the manager to terminate the employment relationship.

Regular delays in salaries can result in administrative and even criminal prosecution for the director. Such issues are dealt with by the prosecutor's office, the labor inspectorate and the court.

Attention

No one should insist on leaving if a woman raising a child alone managed to change her decision during the notice period. The manager does not have the right to retain a subordinate after the regulated period has expired.

FAQ

Dismissing a single mother involves some nuances, so questions often arise on both sides.

What difficulties do employers most often encounter when terminating cooperation with a woman who has the status of a single mother? Let's look at the most common of them.

Do they have the right to fire if a woman is on maternity or child care leave?

According to the law, the employer is given the right to dismiss single mothers on maternity leave or caring for children under 3 years old only if the organization is completely closed (Article 81 of the Labor Code of the Russian Federation).

However, if the legal successor changes at the enterprise, then the job must be retained by such a woman.

It is also possible to dismiss an employee while carrying a child or caring for him up to 3 years of age if she writes an application for settlement of her own free will.

Is it possible to terminate the contract during the probationary period?

The employment of single mothers follows general principles, and often the employer assigns her a probationary period, during which she is checked for qualifications and suitability for the position held. Moreover, the employee is immediately warned about this even at the interview stage.

If a woman has not demonstrated business qualities to occupy a vacant position, then the employer has the right to dismiss her during a probationary period without working out.

Can a pregnant woman be fired from her job? Read the article. Where do I need a 2-NDFL certificate? See here.

How is the job description familiarization sheet prepared? Find out here.

What about part-timers?

An employee who has the status of a single mother can be dismissed in accordance with the general norms of labor legislation.

However, the manager should not forget that there must be good reasons for this:

• her own desire;
• liquidation of the enterprise;
• violation of labor discipline or safety regulations.

What if an employee’s child is disabled?

The law prohibits dismissing a woman with a disabled child under 18 years of age without her consent.

This procedure is possible only if gross violations specified in Art. 81 Labor Code of the Russian Federation.

How to defend your rights?

If the dismissal of a single mother was carried out in violation of labor laws, then she can seek protection of her rights.

For this purpose there are the following authorities:

It is necessary to clarify that the appeal will only have an effect if no serious violations are found against the employee.

If she really wants to keep her job, then she should fight for her rights and defend them through all the above-mentioned bodies.

The law provides for the protection of the rights of a single mother, so illegal dismissal can be challenged in court.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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Dismissal

Dismissal at the initiative of the employer

Management often wonders whether it is possible to deprive a woman whose child is growing up without a father of a job if she does not express such a desire?

It is possible, but only under serious circumstances:

• Absenteeism (clause a part 6 of article 81 of the labor legislation).
• Failure to comply with the discipline in force at the enterprise (Part 5 of Article 81).
• Lack of knowledge and skills to obtain a vacant position, identified during the probationary period. The time worked must be paid (Part 3 of Article 81).
• Drunkenness (Article 81, Part 6, Clause b).

Attention

The state protects single mothers in many ways, but they should not break the law.

Reduction

Reduction of staffing based on clause 2, part 1, art. 81 codes are produced to implement various purposes:

• cost optimization;
• relocation of the company to another city;
• reduction in the scale of the enterprise.

Norms Art. 261 of the Labor Code of the Russian Federation does not allow the dismissal of a single mother, since the type of termination of the employment agreement relates to the will of the employer. The ban applies during the period of independent education of a child under 14 years of age.

Information

A woman performing job duties that the company no longer needs is required to offer another vacancy. Qualification requirements and income level should not worsen the previous situation of a single mother. Only refusal of all possible options allows the employer to invalidate the contract with the subordinate.

What labor rights do such employees have?

According to various articles of the Labor Code of the Russian Federation, such categories of workers have a number of preferences. In particular, they may demand from the management of the enterprise:

• reduce working hours;
• choose the most convenient period for vacation;
• additional days for rest;
• leave without pay up to 14 days per year;
• the ability to legally refuse to work at night, on weekends or holidays;
• issue a waiver of a business trip to another region.

It is also difficult to fire a woman in this position under the article. But the law provides for exceptions when the “preferential” provision does not apply:

• the enterprise ceases its activities, the employment agreement with all employees is terminated in the prescribed manner;
• for absenteeism;
• state of alcoholic or other intoxication recorded by doctors;
• committing guilty actions aimed at causing damage to property, goods and valuables belonging to the employer;
• committing an act that is unacceptable in this position according to moral and ethical standards;
• other reasons.

That is, it is impossible to fire a “preferential” employee due to staff reduction.

Liquidation of an enterprise or closure of an individual entrepreneur

The Labor Code gives the director the right to terminate relationships with subordinates, including single mothers, due to the liquidation of the organization. Mandatory conditions: advance notice 2 months in advance and provision of material payment - severance pay.

P. 1 part 1 art. 81, regarding liquidation measures, guarantees employees an average income for 1 month and the preservation of a similar amount during the time spent on employment, but not more than 2 months. There are exceptions: provision of the average salary for the 3rd month, if within 2 weeks the dismissed citizen officially began looking for a job, but could not find anything.

Dismissal of a single mother by agreement of the parties

The separation of the head of an institution from his subordinate by mutual consent is stipulated in Art. 78 of the Labor Code of the Russian Federation and cannot be associated with any pitfalls. The pros and cons for the employee are given in the table.

Nuances of the procedure

With a child under 14 years old

Is it possible to fire a woman with a child under 14 years old? According to Art. 81 of the Labor Code of the Russian Federation, an employer can fire any employee with regular violations of labor discipline , even if she is a single mother with a child under 14 years old.

Termination of a TD is possible in the following situations:

• Failure to comply with labor discipline.
• Irresponsible attitude towards entrusted material assets.
• Absenteeism (absence from work for more than 4 hours without reason).
• Attending work while drunk (using alcohol, drugs or other drugs with similar effects).
• Disclosure of secret information.
• Theft, embezzlement or destruction of property.
• Failure to comply with safety regulations.
• Committing an immoral offense at work (especially in the field of education).
• Use of false documents during employment.

In all these situations, the administration has the right to terminate the contract even with a single mother and any other employee.

Read about whether a single mother with a child under 14 years old can be fired due to layoffs here.

Upon liquidation of an enterprise

If an organization is liquidated by the will of the founders, it has no rights and obligations. All employees are subject to one-time dismissal. At the same time, those dismissed have the right to support from the state.

For them there are:

1. A monthly allowance in the amount of the monthly average salary issued by the Employment Center.
2. During the job search, the average salary is maintained (no more than two months).
3. Dismissal by personal request, agreement of the parties or transfer to another institution, and not layoff.

The employer must notify employees being terminated at least 60 days in advance. Otherwise, the liquidation of the enterprise will not prevent the dismissal of persons from becoming illegal.

By agreement of the parties or at your own request

If an employee leaves the workplace of her own free will, dismissal is carried out in the standard manner. Termination of the contract occurs according to the general scheme :

1. The employee warns the employer in advance.
2. If there is a termination of duties without the approval of management, this is assessed as absenteeism.
3. Over the next two weeks, the employee can change his mind and stay in place.
4. After the end of the specified two-week period, the employee is issued documents, a work book and cash payments.

In some cases, a single mother may file a letter of resignation due to management’s failure to comply with Labor Code norms or due to coercion from superiors. Then you can file a complaint with your superiors or go to the prosecutor’s office to detect and eliminate arbitrariness.

Dismissal by mutual agreement of the parties has many positive aspects , according to Art. 78 Labor Code of the Russian Federation. This is explained by the fact that both parties can come to agreement and understanding in the event of the end of cooperation. The procedure specifies the drawing up of a special agreement, which stipulates the responsibilities of both parties at the time of termination of the employment relationship.

There are positives and negatives for the employer and the single mother.

Disadvantages for the employee:

• Payments upon dismissal may be lower than in the case of staff reduction or liquidation of the company, since in time of condemnation of this point the employer has the right not to provide compensation required by law for such cases.
• The terms of termination of the agreement are negotiated only by the parties themselves, without taking into account the norms of the employment agreement.
• If the dismissal occurs by agreement of the parties, the employee may be dismissed, even if the law prohibits this. For example, during vacation or sick leave.
• Such termination of employment relations is not disputed in court.

Pros:

• When signing, the date of termination of the contract is specified. So, it can happen on the day of signing or continue until employment.
• It is possible to negotiate significant compensation that will exceed severance pay.
• Settlement by agreement of the parties is a more compelling reason than dismissal during reduction.
• It is possible to agree on your terms during dismissal, thereby not being powerless, as in other cases of termination of the contract.

Cons for management:

• This type of termination is unacceptable without the consent of the employee who is considered a single mother.
• Payment of the agreed compensation is permissible only from funds received from net profit.
• You will need to make concessions and fulfill the employee’s demands, which will be agreed upon when signing the contract.

Pros:

• Such dismissal is not contested by the court. There will also be no complaints from the labor inspectorate.
• Termination of the contract is possible without the obligation to pay compensation specified in the regulations, if this is not agreed upon with the employee in the document.
• You can get rid of an employee regardless of his benefits or restrictions on dismissal by law.

When dismissing by agreement of the parties, it is first necessary to sign an agreement. It indicates the consent of the parties to complete cooperation and other obligations of the parties that must be fulfilled.

The employer will also need to follow a certain calculation procedure and prepare documents:

1. Draw up and hand over a notice with the date of dismissal to the employee against signature or send it through the post office to the registered address.
2. Issue an appropriate order and send it to the personnel department.

Then the following procedure will be performed:

1. The personnel officer will make notes in the work book and personal card of the employee.
2. Based on the order, accounting will accrue settlement and compensation money.
3. The settlement department will pay all due funds via cash register or transfer to the employee’s bank card no later than the date of dismissal.
4. The personnel service will issue a work book with a label indicating an order to terminate the employment contract no later than the date of dismissal.

At the initiative of the employer

Citizens who conscientiously perform their labor duties are protected by law.

For this reason, when staffing is reduced, single mothers cannot be fired. But in case of failure to comply with the company’s internal rules or ignoring legal regulations, protection is not provided.

Dismissal procedure

A subordinate and a manager may separate for various reasons, as reflected in the Labor Code. Regardless of the surrounding circumstances, the employer must follow the sequence of termination of the relationship.

Preliminary documents

If the dismissal is related to the personal desire of the citizen or agreements reached with the employer, then the initial document is a handwritten statement or agreement signed by the parties.

Attention

Staffing reductions or liquidation measures require 2 months' notice to workers.

If a single mother violates current norms and does not obey the order established at the enterprise, then in order to terminate the contract, the employer must begin by drawing up internal documents - reports and orders.

Order, entry in the work book and necessary certificates

After the director of the organization has signed the preliminary document, the HR specialist must draw up a dismissal order (T-8a). The internal act usually reflects the position held, the true reason for leaving, an article of the Labor Code of the Russian Federation and the period for termination of the working relationship.

The order serves as the basis for making the final payment and creating an entry in the work book. The contents of the papers must be brought to the attention of the single mother against signature. The document on work experience must be returned to the worker on the day of separation.

Information

A certificate in form 2-NDFL may be required by a future accountant if a woman applies for leave, a certificate of temporary disability, etc.

The employee also has the right to request: information about legal rest, copies of employment orders, etc. The former employer must provide the necessary information no later than 3 days from the date of official registration of the request.

Which mothers qualify for single status?

Labor legislation does not contain such a concept. This is explained by the plenum of the Armed Forces of the Russian Federation in paragraph 28 of Resolution No. 1 of January 28, 2014, according to which a woman is recognized as a single mother if:

1. She raises and develops her children without a father, who:
   • died or was declared missing;

   deprived of parental rights or limited in them;

2. declared incompetent;
3. is serving a sentence of imprisonment;
4. does not participate in the upbringing of children, does not protect their rights and interests.
5. There is a dash in the “father” column of the birth certificate or the information in this column was entered on the basis of a certificate in Form 25 (according to the mother).

Working off

Art. 80 of the Labor Code of the Russian Federation gives the right to any citizen to terminate relations with superiors 2 weeks after notification. An agreement between the parties can reduce or cancel this period. Also, a parent can avoid working time by taking leave or providing compelling arguments (medical certificate, reaching retirement age, moving, etc.)

Attention

In accordance with Art. 71 of the Labor Code, the boss must be notified of the termination of official duties during the probationary period 3 days in advance.

Dismissal of subordinates in connection with liquidation measures requires the issuance of appropriate notices 2 months in advance. At the same time, the manager is obliged to notify the employment service. A manager who plans to exclude a position held by a single mother from the staffing table is also required to notify her of this 2 months in advance.

Payments and benefits

A single mother is entitled to certain payments upon dismissal:

• Monthly earnings.
• Compensation for unused rest time.

Information

Under certain circumstances, the boss may even withhold part of the earnings. For example, if an employee was paid vacation pay in advance, the accountant will deduct it from the final payment. The amount of deduction should not exceed 20% of monthly income (Part 1 of Article 138 of the Labor Code of the Russian Federation).

The basis for providing severance pay may be:

1. Liquidation measures. Material support is equal to the average monthly salary.
2. Health status. Art. 178 of the Labor Code of the Russian Federation guarantees the provision of income within 14 days.
   Attention

   An employee who submits her resignation on her own initiative cannot exercise this privilege.

3. Agreement reached. The procedure for assigning this “farewell” payment is not specified in any law, so it all depends on the boss.

The regulatory framework and internal local acts allow the employer to decide on awarding bonuses, allowances and other bonuses specified in the collective agreement (the amount depends on the employer’s decision).

Do I have to work 2 weeks?

The procedure for dismissing such an employee does not differ from the general one, therefore the woman, like other employees, must undergo a two-week period of work after making a decision to terminate the employment relationship.

However, to the question whether a single mother can leave without working 2 weeks, in some cases the answer is yes. You can leave without work in the following situations :

1. The employee has unused vacation days (they are accrued towards working off).
2. In case of illness, poor health, helplessness and other valid reasons.

The employee and employer can also come to an agreement under which they can leave without working.

How to challenge dismissal

A single mother can object to the unlawful termination of her employment relationship in court. Servants of Themis are subject to both recovery of lost profits and compensation for moral damage.

Important

In accordance with Art. 392 of the Labor Code of the Russian Federation, the injured employee is given 1 month from the date of provision of the work book or creation of the dismissal order.

The official paper must reflect arguments confirming the illegality of termination of the contract and the exact demands of the victim: restoration of status, compensation for moral shock, etc.

Important

Dismissal of a single mother for illegal reasons threatens the employer with a fine (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Drawing up orders and filling out personnel documents.

The administrative document is issued and published according to the standard scheme. There is a special T-8 form for this.

However, we must remember that a dismissal order can be drawn up only after the employee has been notified in advance about it.

A correctly completed document must include the following information:

• layoff day
• Company name,
• personal data of the employee: full name, personnel number, position, department,
• reason for dismissal - due to reduction,
• links to laws
• number and name of the Order according to which it is lawful to carry out this action,
• date of drawing up the Order,
• signature of the single mother confirming that she has read the paper,
• list of responsible people and their signatures.

A single mother will be issued a work book on her last day of work. Before doing this, the HR department is required to make a record of the reduction in it.

The entry must contain:

• date of drawing up the administrative document,
• his number,
• link to the relevant law,
• reason for dismissal.

Upon receiving the work book, the employee must sign in the internal paper register. This is proof that the document was issued to the owner.

Note! At the same time, HR department employees enter all the information into the employee’s personal file. Recorded: date, reason for leaving, order number.

Rights of a single mother: at work, to alimony, to vacation.