The dismissal of a pregnant woman is not only illegal, but also immoral
Yesterday and today a pregnant woman
In the last century, when working for a youngthe staff leaders did not hesitate to ask the question: "Do not you want to give birth?" and make scandals if in the future it was discovered that she was going to go on maternity leave. For the sake of justice, it should be noted that dismissal was also a rarity.
In modern society the situation has worsened. Previously, despite the scandal, the future mother was not dismissed, and if somewhere there was a dismissal of a pregnant woman, the prosecutor's office restored her at work and punished the boss. Today, it's not a secret for anyone that half of the working people in the country do not have official employment and record in the work book. Therefore, by agreeing to this kind of work, women should understand that in case of dismissal no one can expect protection from the law.
Pregnancy is not an excuse for dismissal
The law on the side of the family and the protection of motherhood. If the employment is official, an order is issued for the dismissal of a pregnant woman and the employer has no right to terminate the contract on its own initiative. He can do this:
- in case the enterprise is liquidated;
- if the contract of employment was concluded temporarily, to fill the position of the absent employee and the term of the contract expired.
Temporary work and pregnancy
If the pregnant woman is arranged for temporary work (andnot to replace a temporarily absent employee), then after the expiry of the contract, the employer must provide (upon her application) another type of activity before the end of the pregnancy. After the child is born, the employer can dismiss the woman, but this only applies when she is arranged for temporary work.
A woman should know that if she getsa notice to the employer stating that by that date a certificate of pregnancy should be submitted, it is necessary to do this, so that there is no reason to issue an order for dismissal.
Dismissal of a pregnant woman is prohibited by laweven in the case of absenteeism, but it can be applied to punish violations of discipline, deprivation of bonuses or bonuses. Regulations on the probationary period also do not entail the dismissal of pregnant women: they can not be dismissed as workers who have not passed the probationary period, regardless of when the pregnancy occurred, prior to hiring or during the trial period.
Benefits and conditions of work during pregnancy
A woman should know that dismissal is not threatened by pregnancy, she also has the right to expect benefits.
- It is necessary to submit a certificate of pregnancy andwrite a statement on reducing the rate of maintenance or production. If the production process does not allow such an opportunity, then it is possible to transfer to another job excluding unfavorable factors. At the same time, the average earnings remain.
- If, as a result of the transfer, a compulsory idle time arises, then all days of idle time are paid on the basis of her previous earnings.
- Visits to the doctor, the passage of the necessary examinations are also paid on the basis of the average earnings.
- If you need a vacation, they must provide it, regardless of whether it is laid on schedule.
- The employer must provide the pregnant woman a part-time job if she writes an application.
- You can not send pregnant women to the shift methodwork, night shifts, make work on weekends or holidays, perform overtime, regardless of whether the worker writes the statement or not.
- You can not call the pregnant woman ahead of schedule from leave or replace it with monetary compensation.
Defend and defend your rights!
As we can see, the law is on the side of future mothers andprotects their rights if there is a dismissal of a pregnant woman. Remember that for every action you have to make a written document, which will serve as an actual proof in case of applying to the court and defending your legal rights.
Address to lawyers, read and understandlaws, find out your rights and defend them in court, then, if you respect your work and your rights, they will be respected by employers. Although the punishment, especially the compensation of moral damage, for the fact that a woman is compelled to go to the authorities when she is preparing to become a mother, must be several times stricter than that which the courts currently limit. Moreover, it is very difficult to prove illegal dismissal.