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The current labor legislation provides a number of guarantees to workers who have the status of mothers of many children. In some cases, there are a number of restrictions on terminating a contract with an employee who has children; in other cases, having many children is not an obstacle to dismissal. In this connection, we will consider in more detail in what cases it is possible to dismiss a mother of many children, and how to carry it out correctly, as well as when termination of the contract is unacceptable.
Can a woman with many children be fired from her job?
Presidential Decree No. 431 of May 5, 1992 regulates that families with more than two minor children are recognized as having many children . However, in some regions of Russia, a family is considered to have many children if it has more than five minor dependents.
If there were three children in a family, and after a divorce the children were separated, that is, for example, two remained to live with their father and one with their mother, then such a family will not be considered a large family. It follows that the concepts of a “mother of many children” or a father may differ depending on the place of residence of the family.
The legislation does not contain any restrictions on the dismissal of employees with the status of “large families”. In this regard, the conditions for dismissal are practically no different from the standard procedure .
An exception may include situations where the father or mother is the sole breadwinner in a large family. Termination of the employment agreement is not permissible here until one of the children turns three years old.
Moreover, there are other restrictions regarding the dismissal of parents with many children on the personal initiative of employers, which are prescribed by the Labor Code of the Russian Federation.
Dismissal of a mother of many children is impossible under the following circumstances:
- if the employee is raising a child under three years of age;
- if a woman is raising a disabled minor child without a father or a healthy child under the age of 14;
- if the mother is not recognized as single, but the second parent does not support the family.
By job reduction
Is it possible to fire a mother of many children due to job reduction? The basis for termination of business relations may be the reduction of positions (Article 81 of the Labor Code of the Russian Federation, part 1). This rule also applies to mothers of many children. The process of reducing staff is quite complex for the management of an enterprise, because for its implementation the following conditions must be met:
- Confirm that the organization really needs to reduce staff (positions).
- Retain the preferential right for some workers, which is regulated by Article 179 of the Labor Code of the Russian Federation. Positions that will remain active in the enterprise should be filled only by qualified and experienced professionals, as well as those that cannot be made redundant, such as pregnant women.
- Be sure to offer workers other positions available in the organization at that time.
- Be sure to notify the staff of the upcoming reduction in a timely manner (two calendar months in advance). In this case, employees are required to sign acknowledgment of familiarization.
- Clarify the opinion of the trade union, if it exists in the company.
Since the law does not provide for restrictions on the dismissal of parents with many children , their dismissal due to staff reduction is permitted.
However, if a woman is in a position or has one child under three years of age, then it is prohibited to fire her. This point is regulated by the general norms of the Labor Code of the Russian Federation.
By staff reduction
If an employee with many children is not included in the above category of persons who are prohibited from being fired, then she may also be laid off due to a decrease in the number of personnel.
The procedure takes place in a standard form .
However, employees with a family, as well as a high level of qualifications and extensive experience, have a preferential right to remain in the workplace. In this regard, the worker has every chance to stay.
Entitled payments
Redundancy payments include:
- The amount a person earned in the current month.
- For two months, and in some situations even three, after dismissal due to reduction, the former worker will receive a monthly salary.
- Severance pay in the amount of one salary.
- Additional compensation. In case of early dismissal, the employer is obliged to make a payment in the amount of average daily earnings for all days remaining before the expiration of the notice period.
- Cash reward for each day of unused vacation.
Thus, a mother of many children can be fired due to a reduction in numbers or staff on a general basis. The law does not prohibit this action. However, there are some situations in which dismissal is still prohibited. The dismissal process is quite long and is accompanied by a large volume of documents.
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Step-by-step algorithm of actions
As mentioned above, the procedure is standard and consists of the following steps:
- Making a decision to downsize.
- Notification of employees.
- Drawing up and signing the necessary documents.
- Employee departure.
First, the head of the enterprise draws up a memo indicating unclaimed workers who are subject to reduction.
The boss can attach supporting reports to this document. Next, a meeting is held at which the issue of layoffs of these persons is decided.
Then authorized persons determine employees who have preferential rights.
The employer is obliged to notify each employee who has been laid off by drawing up and sending an appropriate notice. The notification period should not exceed two calendar months . That is, if a reduction is planned on November 1, then employees should find out about this no later than the end of August (before September 1).
After receiving the notice, each citizen who has been laid off is required to make a note of receipt (sign) in the document.
There is no standard and established form for filling out a notification at the legislative level. For this reason, companies have the right to produce their own letterhead in free form.
The notification is filled out on behalf of the general director of the enterprise. However, document production is mainly carried out by personnel employees or secretaries.
Statement
- The header of the document consists of the name of the organization, the name of the manager or other responsible person, and the full name of the dismissed employee. Next, indicate the personnel number and position of the initiator of the application.
- The title of the document is written in the middle.
- The body of the document consists of a request to dismiss a person at his own request from a certain date. Additionally, you can specify an article of the Labor Code of the Russian Federation.
- At the end, a signature, transcript and the current date of writing the application are placed.
- voluntary resignation letters
- voluntary resignation letters
Paperwork
The order is drawn up on form T-8. The document is published in a standard manner. The order must contain the following information:
- Personal data of the person being made redundant (full name of the employee, position held, department).
- Full name of the organization.
- Date of expected departure for reduction.
- The reason why a person quits is downsizing.
- Article of the law.
- Number of the administrative document on the basis of which the reduction occurs.
- List of authorized persons indicating full name and signature.
- Date of.
- Employee's signature.
The work book is issued to a mother with many children on the last day . Before issuance, a record is made that the person is fired. The mark must contain the number and date of the dismissal order, the article of law and the reason for dismissal.
After receiving the book, the worker puts a personal signature in the book register. Then, HR department employees must record the dismissal data in the personal card of each laid-off person. At the same time, the date of dismissal, the numbers of all administrative documents and the reason for leaving are recorded (we talked about what the reasons for dismissal of a mother of many children may be here).
Is it possible to resign at will?
An employer does not have the right to refuse to dismiss a mother with many children if she has expressed a desire to receive a final payment. At the same time, the procedure for terminating employment relations with her will be exactly the same as for other ordinary employees, according to Art. 80 Labor Code of the Russian Federation.
In other words, in order to initiate dismissal, the employee will have to send a corresponding application to the head of the organization.
At the same time, when filling out an application, you should take into account the two-week warning period, in other words, work off, which is directly provided for in Part 1 of Art. 80 Labor Code of the Russian Federation. It is important that in this case, a mother of many children does not have any preferences over other full-time employees.
In order to leave without working, which is possible due to Part 2 of Art. 80 of the Labor Code of the Russian Federation, like everyone else, you will have to obtain the consent of the employer.
It should be remembered that in some cases you can get exemption from working off. In particular, you can receive dismissal on the day specified in the application, without working at the enterprise for two weeks, if the termination of the contract is due to:
- enrollment in a university, college or other educational institution;
- retirement;
- proven violation by the management of the enterprise of labor standards, including the provisions specified in local acts. For example, late payment of wages, which was duly recorded by the competent authorities;
- in other cases when the employee is unable to continue working.
Notification of the labor exchange
The labor exchange must be notified. This rule is regulated by Article 25 of Legislative Act No. 1032-1 of April 19, 1991.
Notification of the exchange must be made no later than 2 months before the reduction. For example, if dismissal is planned on November 1, then the exchange must be notified by August 30.
In case of mass layoffs, the period increases to three months. There is no prescribed form for notification. In this regard, organizations use a free form in which they fill out the following information:
- Full name and profession of the employee;
- position and qualification level;
- working conditions;
- date of generation of the notification;
- terms of reduction;
- Full name and signatures of responsible executors.
Responsibility for illegal reduction
The injured person has the right to defend his rights by filing a complaint with the relevant authorities. Such organizations include the labor inspectorate, the court and the prosecutor's office.
Based on the court decision, the employee will be reinstated in her position , and will also be compensated for the damage caused by financial payment.
An irresponsible employer will be given an administrative penalty in the form of a fine:
- For individual entrepreneurs in the amount of 1000-5000 rubles or suspension of activities for three months.
- For persons on performance – from 1000-5000 rubles.
- For legal entities, the fine will range from 30,000-50,000 rubles or suspension of activities for three months.
In other publications, our experts consider the procedure for dismissing a mother of many children at her own request, and also talk about the nuances of dismissing a father of many children, both at his request and at the initiative of the employer.
Conditions giving the right to receive the title of mother of many children
Employers are still not interested in hiring women with several children.
Therefore, in the Russian Federation, women in the status of mothers of many children have rights that protect them in the process of labor relations with the employer. Who can be recognized as a mother of many children? A woman receives this title if she has three or more minor children, not only born to her and registered in the registry office, but officially accepted into the family as legitimate children.
In order to enjoy her rights, a woman’s status as mother of many children must be officially confirmed. To do this, she must contact the social protection department located at the place of registration indicated in the passport and present birth certificates for each child there. Based on the documents presented, she must be issued a certificate confirming her status. The age of the children is of no small importance. Children counted:
- under the age of sixteen;
- up to 18 years of age if they study in secondary specialized educational institutions;
- before the age of 23, if they are university students.
The certificate for a woman serves as the main document for receiving certain benefits during work and privileges in the event of her dismissal. It must be presented to the HR department of the enterprise. If there is no certificate, they are required to accept copies of the birth certificates of all children falling under the categories described above, as well as a photocopy of the page of the mother’s passport, where the data on these children is indicated.
