Dismissal of a single mother at the initiative of the employer

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Published: 05/22/2020

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Termination of an employment contract is one of those cases when the current norms of labor legislation should be clearly taken into account. In the event that we are talking about the termination of an employment contract and the dismissal of a woman recognized as a single mother or having an equivalent status, it is necessary to comply with the norms of such legislation with special care. Is it possible to fire a woman who is recognized as a single mother? What is the regulatory framework for regulating such a procedure?

• Regulatory basis for dismissal
• In what cases is it permissible to fire a single mother?
• Procedure for dismissal of a single mother
• Features of dismissal

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Who is legally a single mother?

Not everyone can be considered loners.

To be considered a single mother, you must have grounds for this, prescribed by law. Thus, a widow, a divorced girl, a woman with children whose father is indicated on the birth certificate do not have this status.

On the child's birth certificate, a single mother should have a dash in place of the father. This happens in the following cases:

• the citizen was not in an officially registered marriage, but gave birth to a child;
• the putative father challenged paternity in court (a positive decision was made);
• an unmarried woman adopted a child.

Thus, the fact that a mother raises children alone is not a reason to classify her as a preferential category of citizen.

To do this, the above requirements must be met.

https://youtu.be/dT8jnO0hVDQ

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.

Dismissal at the initiative of the employer

Dismissal is permissible only for essential reasons.

Removal from a position of an employee who has the status of a single parent, at the request of the employer, is possible only for negative articles and at the employee’s own request.

Thus, an employee who fails to comply with the rules described in Art. 81 Labor Code of the Russian Federation:

• appearing drunk at work;
• absenteeism and being late for more than 4 hours. For example, M., being a single mother and the only breadwinner in the family, worked in a law firm. The company's operating hours were from 9 to 17.00. M. was constantly two hours late in the morning, arguing that the child needed to be taken to kindergarten, and the kindergarten was on the other side of the city.

Accordingly, she also left early, explaining that there was no one to pick her up from kindergarten, and by the time she got there, all the children would already be taken away. She simply remained silent in response to the boss’s repeated comments. As a result, she was fired under the article;

• negligent attitude towards work. For example, a girl worked as a pharmacist in a pharmacy across the street from her son’s kindergarten. It was convenient to drop off and pick up the child.

However, the girl did not treat such a good place of work well and performed her duties poorly. She was rude to clients, confused prescriptions and prescribed doses, and gave out the wrong medications. There were many complaints from visitors, the result was dismissal for negligence in their official duties;

• theft on a large or small scale. For example, accountant Nina robbed employees of their salaries for a year. When making annual reports, she could not hide the fact of theft;
• disclosure of commercial information (valid in the case of a trade secret regime at the enterprise);
• The employee did not complete the probationary period.

Despite all the omissions and failures to fulfill official duties, the employee will be able to return to her place of work if the employer does not have documentary evidence of her offenses - acts, explanatory notes, reprimands and other papers.

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.

Dismissal without work

It is possible to quit without working.

Leaving your job on your own will not be difficult. However, there is an important provision regarding the two-week work period. That is, the worker submits his resignation letter two weeks in advance, and notifies the employer in advance.

And then the development of events occurs according to the scenario most convenient for the employer. The boss, for his part, can immediately contact you, sign your application, complete all the formalities and say goodbye to you.

However, he also has the right to dispose of your labor during these two weeks, and single mothers are no different here, but follow the general rules.

However, the legislator highlighted Article 80 of the Labor Code of the Russian Federation, which sets out precedents for removal from office without service. Without two weeks of work, it is possible to leave work early if:

• the impossibility of prolonging work for workers (for example, N. took a long time to decide and entered the full-time department at a pedagogical institute. Now she cannot carry out her work duties, and in connection with this she submitted a letter of resignation);
• establishing a violation by the employer of labor legislation, local regulations, the terms of the collective agreement (entrepreneur Sidorov left his workers at the plant to perform overtime work on short days, holidays, and sometimes on weekends. But the workers’ salaries were not raised, bonuses were not paid for overtime There was also no payment for labor. The workers, having collected their receipts and other evidence, turned to the labor inspectorate for protection. They were provided with timely and qualified assistance).

If the person leaving before the expiration of the service period changes his decision, then he may remain working in the situation of non-acceptance of a new employee with an existing written application in her place.

Thus, a person can resign without working off with the consent of the employer, in a situation with valid reasons, etc.

Dismissal due to expiration of contract term

After the end of the contract, dismissal is legal.

An employment contract can be either fixed-term or concluded for an indefinite period. The contract implies a certain period of time for which the worker is employed. A fixed-term contract can be extended at the initiative of the parties.

Single mothers in this regard do not have any advantages or privileges. When getting a contract job, such a mother calculates her own deadlines.

As soon as the employment contract begins to come to an end, she has every right to look for a new job. If a woman has already found a new job, the contract has come to an end, and the employer offers to extend the contract, then the employee acts here at her own discretion.

Since in such a situation the law does not oblige her to anything, since she has already fulfilled her obligations under the contract during the specified period.

In the situation of non-renewal of the contract, the director makes full payment and pays the employee the assignments due to her.

Dismissal of a single mother at her own request

If a single mother decides to quit of her own free will, there are no obstacles to this. Also, employment relations can be terminated at any time and by agreement of the parties to the employment contract (Article 78 of the Labor Code of the Russian Federation).

As for fixed-term employment contracts, after the expiration of the period established by the contract, a single mother can also be fired (Article 79 of the Labor Code of the Russian Federation). This is explained by the fact that termination of a fixed-term employment contract does not occur at the initiative of the employer. We tell you more about the procedure for dismissing a single mother at her own request here.

A single mother is required to notify her employer of voluntary resignation 2 weeks in advance. This period may be shorter or absent altogether. Its duration depends on several reasons, which you can learn about in the article “Dismissal of a single mother without working off.”

Dismissal procedure

An entry must be made in the labor record.

Dismissal of single mothers is carried out according to the letter of the law. To fire a person, the manager issues a dismissal order and introduces it to the worker under his personal signature.

The person resigning has the right to request a certified copy of the order. A worker has the right to refuse to sign a document. In this situation, a corresponding mark is placed on the document in the HR department.

An order to terminate an employment contract is the primary reason for making notes in the following forms of time sheets:

• employee personal card;
• personal account;
• employee work book.

A note in the work book must necessarily contain information about the number of suspensions, the reason, indicating the norm of labor legislation and the order number. Must be issued to the employee on the day of suspension from work.

How to fire a single mother: step-by-step instructions

To legally dismiss a single mother, you must act as follows:

1. Discover the offense she committed and collect evidence. For example, if you appear in a state of intoxication, a medical examination and a report with the signatures of at least two witnesses will be required.
2. Request a written explanation from the employee.
3. Draw up an order for removal from office during an internal investigation, if required. The employee must be familiarized with it against her signature.
4. Issue a dismissal order in Form T-8 and give it to the woman for review. If you refuse to sign, a corresponding mark is placed on the document in the presence of witnesses.
5. On the last working day, make a full payment and issue a work book. The last day of work is considered the date of dismissal. On this day, the employee must be paid for wages and unused vacation. The work book indicates the reason for termination of the contract with reference to the relevant paragraph of Art. 81 Labor Code of the Russian Federation.
6. Hand out documents.

If the employee refuses to receive the documentation, it remains in the organization’s storage, but must be issued subsequently upon her first request.

When dismissing a single mother at her own request, everything is much simpler: the manager does not need to look for a documentary basis, it is enough to receive an application from her and assign a mandatory two-week work period or refuse it, stipulating the date of termination of the employment contract.

The whole procedure looks like this:

1. The director receives and signs the application.
2. A dismissal order is drawn up. The employee must be familiarized with it against signature, then it is transferred to the personnel department for the preparation of documentation.
3. The accounting department makes a full calculation.

On the last working day, the employee is given a work book and salary certificates.

Example No. 1: dismissal of a single mother on the initiative of the manager

05/20/2018 Eremina S.V. I arrived at work on time - 09:00. 00 min. An hour and a half later, the manager noticed the employee’s strange behavior and began to suspect that she was intoxicated. There were characteristic signs: incoherent speech, smell, absent-minded thinking. Eremina S.V. was asked to undergo a medical examination, she did not refuse.

According to the doctor's conclusion, after taking tests, it was revealed that in the blood of Eremina S.V. 1.5 ppm is present, which indicates an average degree of intoxication.

The manager took the report, drew up a report on the discovery of the misconduct and asked two other employees to sign it. An explanatory note from the employee was also requested.

The explanatory note was provided the next day, May 21. The employer drew up a dismissal order and gave it to the woman to sign. According to the order, she is considered dismissed as of May 21, 2017.

Example No. 2: dismissal at the request of a single mother

04/01/2018 Alyabyeva O.N. provided the director with a letter of resignation of her own free will. She did not specify the reasons. The manager asked her to work for 2 weeks. The countdown begins from the day following the date of submission of the application. The day of dismissal is considered to be April 16.

On the day of termination of the contract, the woman was given a work book and accounting certificates, and the final payment was transferred to a bank card.

Documents upon dismissal

It will not be possible to get away with just a work book when terminating the contract, because The employee must be given a whole list of documentation on the last day:

How to challenge illegal dismissal

The employee can go to court.

If you believe that your labor interests were violated or you were fired illegally, then you can protect yourself in court. It is necessary to file a claim against the employer at the location of the organization or employee.

Attach to the statement of claim a list of documents confirming the reasonableness and validity of your claims. Pay the state fee for performing legally significant actions.

The statute of limitations for illegal dismissal is one month, from the moment the employee receives a copy of the order, work record book and other documents. Valid reasons for reinstating the statute of limitations are an intolerable illness or being in a helpless position.

These reasons must be documented (for example, certificates from a medical institution).