Sooner or later, situations arise in any company when it is necessary to reduce staff. This procedure is unpleasant for the entire team. As a rule, employees learn about its need at the last moment permitted by law. However, the management of the organization should know that it has the right to lay off not all of its employees. Employees with children enjoy special benefits here. For example, if a single mother is raising a child under the age of 14 , her own rules apply.
Can a single mother be fired?
Therefore, it is worth dwelling separately on this issue and finding out everything connected with it:
- what benefits are available for redundancy,
- what happens if it is illegal to lay off a single mother,
- when the law provides for such a possibility and
- how to format it correctly.
First, let's look at the status of a single mother. It is assigned to those women who raise their child without a father.
According to the rules specified in Articles 261, 263 of the Labor Code, it is impossible to lay off a mother who has a dependent child under 14 years old. In this case, similar privileges are provided to single fathers.
However, as you know, rules are created so that there are exceptions to them.
In our case it is:
- when a company carries out a complete cessation of its activities, that is, self-liquidates,
- the child is 14, in which case dismissal and reduction will occur on a general basis.
If, nevertheless, management cannot get away with laying off a single mother, it is obliged to provide her with a similar job that corresponds to her level of qualifications.
Note! If a single mother does not agree with the position offered to her, this should be recorded in writing. This is a reason to invalidate the contract.
When such a place cannot be found, the employer must provide a lower position in his own company. This need is indicated in Article 81 of the Labor Code.
Employer's liability for violation of Labor Code
Violation of the norms and rules prescribed in the Labor Code of the Russian Federation entails serious consequences for the employer. Thus, a person whose rights have been violated may submit a written statement to the regulatory authorities .
Whether labor laws have really been violated is checked by the prosecutor's office or labor inspectorate. They can conduct both scheduled and unscheduled inspections.
By a court decision, the employee may be reinstated to his previous position or may receive monetary compensation from the employer.
In turn, the employer faces administrative or financial liability .
Thus, Article 5 of the Code of the Russian Federation provides for punishment for officials in the form of various fines:
- for officials - from 1,000 to 5,000 rubles;
- for individual entrepreneurs - from 1,000 to 5,000 rubles. or suspension of the company’s work for a period of no more than 90 days;
- for legal entities - from 30,000 to 50,000 rubles. or suspension of work for up to 90 days.
The court may also order payment of compensation to the employee in the amount of his lost wages after illegal dismissal.
The case is reviewed by a state inspector or a district court.
How can you fire a single mother?
The reduction procedure itself is very labor-intensive. To produce it, you need to follow all the rules and prepare the documentation correctly.
If you need to lay off a single mother, everything becomes much more complicated. But, if there is no other way out, you should be patient and follow the steps listed below.
The decision to terminate the employment contract and notify the employee:
- First, the director of the organization draws up a memo, where he refers to the lack of demand for certain jobs due to the fact that the volume of work has become significantly smaller. Thus, in order to reduce unnecessary spending, it is necessary to make cuts.
Such a note is usually accompanied by documents confirming the need to cut jobs.
This could be an analysis of the company’s economic situation, plans to reduce losses, reports, etc. The company’s management, after reviewing all the information, makes a decision to eliminate ineffective positions.
If the company is large and there are many similar positions, employees will undergo an assessment, the results of which will determine the level of qualifications of each of them.
After selecting the most ineffective employee, the final decision is made to fire him.
2. Management must then sign a dismissal order due to the reduction.
Note! In order not to violate labor laws, the employee must be warned about the layoff in advance.
At least 61 days before the selected day. Moreover, the employee must sign to confirm receipt of the document.
The notification is written by the head of the company (director, general director, manager, etc.). Of course, in fact, the document is prepared by authorized persons.
In different companies, the director may delegate his powers to various employees for this purpose - lawyers, secretaries, personnel department employees, sometimes even accountants.
They will fill out the document correctly and take into account all the nuances. The director will only have to read the text and sign.
There is no standard form for such a document. In large companies, they most often make their own template, and only after that they use it, so as not to print repeated information regarding the organization every time.
In small companies they simply write text in any form.
A correctly completed notification must contain the following information:
- name of company,
- the day the document was signed,
- day of future dismissal,
- reason for dismissal,
- link to order
- suitable positions that can be filled immediately.
notification of employee dismissal here:
Form notice of dismissal of an employee.
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If time off is subject to payment, then, accordingly, paid and short leave are provided. Deadlines Dismissal of a woman is not a complicated procedure, and the terms of dismissal established by labor legislation apply to the worker in full. An application for resignation at will must be submitted two weeks in advance. If the initiator of termination of cooperation is the employer, then dismissal can be made no later than a month from the moment the offense was committed. How to protect your rights? Considering the benefits and guarantees established at the legislative level for women who combine maternal responsibilities with work, the dismissal of a worker with violations can only be resolved in court.
USEFUL INFORMATION: How to draw up a petition for the inclusion of evidence in a civil case
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.
Notification of the employment center.
In accordance with Law 1032-1, it is necessary to notify the employment service of the reduction within a certain time frame. This is done no later than 61 days before the start of the procedure itself.
If the reduction is massive, the period will increase by 1 month.
There is also no uniform form for the Notification, so each organization draws it up independently.
The main thing is to include the following information:
- Full name and position of the single mother who is to be laid off,
- qualification requirements and working conditions of the employee,
- date of the notification,
- the period allotted for its reduction,
- Full name of the persons completing the document and their signatures.
Note! If the employer does not submit a notification to the Employment Center on time, administrative measures will be applied to him (Administrative Code, Article 19.7)
What regulations regulate labor issues?
Labor relations are characterized by the interaction between employee and employer. In this case, the first performs the duties assigned to him independently in full compliance with regulations. The leading position in such situations is occupied by the Labor Code of the Russian Federation.
In addition to the Labor Code, standards are established by other normative acts: regulations, rules, federal, regional, departmental, local and corporate documents.
At the federal level, international treaties play an important role. They have priority over other acts regulating labor relations.
Labor standards are also enshrined in the basic law of the country - the Constitution of the Russian Federation. Federal decrees include decrees of the President of the Russian Federation and decrees of the Russian government.
At the regional, departmental and local levels, laws and regulations are issued, respectively. Each of them should not conflict with the requirements of the Labor Code of the Russian Federation.
Most rules of conduct, rights and obligations of the parties to an employment contract are published in enterprises and organizations
At the local level, the relations of the parties are specified for specific working conditions, which is quite justified, since what is important in one case may be considered unacceptable in another
Typically, local acts, such as labor regulations or staffing schedules, are long-term in nature. Upon entering the organization, each employee not only enters into an employment contract with the employer indicating the position, certain functions, place of work, rights, responsibilities, wages and other essential working conditions, but also becomes familiar with all local regulations in force for the given employer.
Payments and deadlines for receiving them. What should a woman do if she is laid off?
When laying off, the company is obliged to make the following payments:
- salary for the time actually worked in the last month,
- average monthly salary - the company pays for the forced loss of a job if the woman does not get a job in the next 2-3 months,
- additional compensation, calculated as payment for all days remaining before layoff,
- monetary compensation in connection with unused vacation.
Each of these payments is accrued to the employee no later than the last working day.
In addition, a single mother needs to know that if her children are already 14 years old, the employer is acting according to the law.
The employee has no choice but to go to the labor exchange and register there, and then find a new job.
If a woman believes that she was laid off illegally, she should be ready to competently justify her opinion. To do this, you can complain to the Prosecutor's Office, the Labor Inspectorate, or the court.
Let's sum it up
- In general, it is impossible to fire a single mother due to staff reduction.
- On the issue of dismissal of a single mother who is married, there are 2 opposing points of view. Some courts allow the dismissal of a single mother who is married (JSC St. Petersburg City Court dated 03/07/2017 No. 33-4492/2017). The other part supports single mothers and prohibits their dismissal, regardless of whether they are married or not (JSC St. Petersburg City Court dated July 5, 2018 No. 33-13981/2018).
