Procedure and features of dismissal due to caring for a child under 14 years of age

Author of the article: Lina Smirnova Last modified: January 2020 14712

Raising children, especially when they are underage, is not an easy task. Parents have a lot of responsibility for them. Therefore, if both parents work, it often becomes necessary to fire one of them in order to closely raise the child until he reaches 14 years of age. As a result, family income decreases, and social isolation of the parent who quits will arise. Therefore, it is important for him to know whether he is entitled to any preferences upon dismissal related to the need to care for a child. This article will discuss all the nuances of the process for such dismissal. We will also determine whether there are any benefits to dismissal for this justifiable reason.

Under what circumstances and who can quit their job?

• Work and children are not always compatible. It often happens that the baby has grown up and it’s time to send him to kindergarten. From this moment on, as a rule, the children begin to get sick and the mother cannot always go to work. It happens that a desperate woman quits her job and raises the child on her own, at home.
• You have to stay at home even if the child is disabled. After all, he needs constant care and the presence of his parents.
• Another situation is an inconvenient schedule or business trips. What kind of upbringing can we talk about if the mother is at work from early morning until late at night or is constantly on the road? Often the only way out in such a situation is dismissal.
• Men can also quit their jobs in order to care for a minor. For example, fathers are single. Most likely, such parents will look for work from home in order to be constantly with the baby.

Leaving work to raise a child under 14 years of age is done at your own request.

Drafting sample

In order to avoid mistakes when preparing a document, you can ask an employee of the HR department at the enterprise for a sample application for dismissal for caring for a child under 14 years of age.

Typically, the application consists of the following blocks:

1. a standard header, which indicates the full name of the enterprise, then the full name of the head of the organization and his position, as well as the employee’s details. The title of the document (Application) is written in the center of the form;
2. the main text of the document, which reflects the request for dismissal of the employee, indicating the reason and the desired date for termination of the employment relationship. If the reason for dismissing a woman is childhood disability, then when writing the application, you should note the presence of a document confirming the decision of the medical commission;
3. personal signature of the employee with a transcript, as well as the date of drawing up the application.

To make the document look more convincing, when preparing it, you should make a reference to Article 77 of the Labor Code of the Russian Federation. It reflects all legal grounds that may become a reason for terminating an employment relationship.

A sample application for dismissal for caring for a child under 14 years of age is available.

The impact of dismissal on an employee's length of service

Just a few years ago, the concept of “continuous service” was of great importance for every employee. It was used for calculations in the social sphere, for example, to calculate pensions. That is why everyone tried not to interrupt such work experience and, when leaving one job, immediately get a job at another.

To date, the situation has changed dramatically and now only the insurance experience matters.

If the need for dismissal arises, the employee's service will be interrupted. This is a fundamental difference between such dismissal and being on maternity leave or on a long vacation. Since insurance premiums are not deducted during the period of stay with the child after dismissal, such periods are not taken into account for calculating a future pension.

Payments and compensation to employees

It is worth noting that the payment of benefits while maintaining labor relations is made at the expense of the employer, as well as extra-budgetary funds. All required deductions are made by the management. For this reason, after the employee’s dismissal, all transfers stop.

There is no reason for funds to continue to provide funds for child care. It follows that the woman will not receive her average salary. The only option in such a situation would be social transfers of funds.

As a rule, their size is very small. Therefore, a mother should think carefully about whether she should quit her job to care for a child under 14 years of age.

It is likely that the family will not have enough finances to ensure a normal life. In this situation, sooner or later the woman will have to look for a new job. Therefore, you should not rush to conclusions and make rash decisions. Every employee has the right to take additional vacation or sick leave.

As for dismissal, according to generally established rules, the boss must make a full settlement with the subordinate. When she was on maternity leave, she received funds in the amount of her average monthly earnings every month.

When terminating an employment contract after maternity leave, a representative of the fairer sex is required to transfer funds for the past period from the beginning of the month. The calculation is carried out taking into account all days worked since the last enrollment.

Dismissal procedure for caring for a child under 14 years of age

The process of terminating the contract for the above reason is carried out in accordance with Article 80 of the Labor Code of the Russian Federation, because the employee resigns at his own request. Upon dismissal, you must go through the following procedures:

1. The employee must write a statement, which must indicate the reason for the dismissal. It must be submitted 14 days before the contract is terminated
2. The application is submitted to the head of the organization for approval. As a rule, dismissal occurs with work, but the manager can decide to dismiss in one day
3. The application signed by the manager is transferred to the personnel employee, who, on its basis, creates a dismissal order and fills out the work book.
4. After the personnel documents are ready, the employee must contact the accounting department for final payment. In addition to money, the accountant must provide the former employee with various types of certificates that will be needed at the next place of work. Certificate 2NDFL, about the amount of income for calculating sick leave, for the employment center - all certificates that may be useful.

Is it possible to leave work without working?

After the decision to quit is made, the young mother may not work for two weeks, as required by law. However, such a severance of the employment relationship is possible only when an agreement has been reached with the employer.

The head of the company must make concessions if a woman has written a letter of resignation for caring for a child under 14 years of age without work, based on compelling reasons. Most often, an application in this form is submitted by women who need to care for a disabled child.

Since it is almost impossible to combine caring for a baby with serious health problems with work, the mother’s desire to leave a permanent job is justified. When filling out an application in such a situation, the employee should indicate in it the relevant reasons for dismissal and attach to the document a medical report or other paper confirming the fact of disability.

If the head of the company refuses to dismiss the employee on the day of the application, she has the right to file a corresponding claim with the judicial authority. By a court decision, the employer may be held liable for a decision that entails negative consequences.

Drawing up a resignation letter: nuances

The dismissal process begins with writing an application. In order to protect the interests of both the employee and the employer, the document must be drawn up two weeks before the planned date of termination of the contract.

The application is drawn up in free form; it does not have a rigid form. The most important thing is to include all the necessary information and be sure to include dates.

The application must be accompanied by the child's birth certificate and documents confirming the need to resign as soon as possible. If supporting documents are not provided, you will have to work out the deadline established before dismissal. .

Who can quit for this reason?

Usually the responsibility of caring for children is the prerogative of the mother. But sometimes circumstances are such that the father has to look after the children. Especially if he is a single father, then he has the same rights as a single mother.

While the mother is on maternity leave for up to 3 years, she is protected by law. The employer cannot fire her on his own initiative. She can resign only of her own free will or by agreement with the employer. But if she decides to resign after the child turns three years old, then the wording of the reason for her dismissal will be “of her own free will.” In the application, she can indicate the reason for her voluntary dismissal as the need to care for a child under 14 years old. She will be able to get rid of working hours if she warns management about her dismissal while she is still on leave to care for a small child under 3 years old, but no later than two weeks before the end of the leave.

When a father quits for this reason, he should indicate it in the application and try to negotiate with management about release from work. In any case, both parents will have the standard wording of voluntary dismissal in their work book.

Filling out the work book of a resigning employee

After the dismissal order has been drawn up and approved by the director, it is necessary to fill out the employee’s work book. It should be remembered that dismissal at one’s own request occurs in accordance with paragraph 3 of part 1 of Article 77 of the Labor Code of the Russian Federation, and the entry itself is made in accordance with paragraph 5.6 of the Instructions approved by Resolution of the Ministry of Labor No. 69 of October 10, 2003.

The resignation letter will look like this:

Whether or not to indicate that leaving work is related to the need to raise a child and care for him is not strictly regulated. However, such wording is desirable in order to get a chance to quit without working . This clarification does not affect anything else and in the future you can safely register with the employment center or get a job at a different time.

After making an entry in the accounting journal, a record is made that the work permit was issued to the resigned employee, in confirmation of which he must sign. After this, the work certificate is issued to the former employee.

general information

If a woman has the status of a single mother of a child under 14 years of age, she has the right to receive certain labor benefits. For example, the employer does not have the right to fire her even if there is a reduction. This rule also applies to fathers who are raising a child alone.

Therefore, the employee can resign at her own request or by agreement of the parties. There is no article in the Labor Code of the Russian Federation that regulates the dismissal of a woman to care for a child under 14 years of age. The employee leaves on her own initiative, and she only needs to write a statement.

Many people confuse dismissal to care for a child under 14 years of age and going on maternity leave. The difference is significant: during maternity leave, the employer is obliged to maintain her job, and dismissal implies the complete termination of the employment agreement. Nevertheless, lawyers advise indicating in the application the reason for leaving work.

Dismissal to care for a child under 14 years of age is considered a valid reason. It is also advisable that a corresponding entry be made in the work book. This will not give the woman any special benefits, but it will allow her to register with the employment service faster.

Previously, voluntary dismissal due to caring for a minor child gave the right to maintain seniority. Now this norm is not in effect, since changes were made in 2007. As for other countries, such a reason for dismissal is valid for maintaining seniority. Ukraine, for example, still allows women to maintain continuous work experience when caring for children under 14 years of age.

The nuances of dismissal

Dismissal largely depends on the age of the child. If he is under 3 years old, then the employee can go on maternity leave (Article 256 of the Labor Code of the Russian Federation). Then she will retain her job, and the manager will be obliged to pay benefits. After the child turns 3 years old, the parties can terminate the employment contract.

Payments due upon dismissal to care for a child under 14 years of age

Dismissal for the above reason is the good will of the employee himself and is not fundamentally different from dismissal at his own request. In this regard, no special compensation payments are provided. The employer must remember that in case of dismissal, the employee must pay:

• Salary for the time he worked
• Compensation in case of fully or partially unused vacation
• Other payments that may be provided for by a collective agreement or internal documents of the company, for example, financial assistance. Such payments are not provided in every organization

Vacation compensation is paid in accordance with the average daily income, in accordance with Article 139 of the Labor Code of the Russian Federation.

The employee must receive all amounts on the day of dismissal, along with the work book.

The difference in dismissal if the child is under 3 years old/14 years old if he is disabled

If you need to look after an infant who is not yet three years old , you need to write an application to the employer asking to grant her leave for the appropriate reason and the basis for subsequent termination of the employment contract. Severance pay will be calculated and paid on the last day of vacation. Then you will be issued a work book.

Another case is the need to care for a disabled child . This is again a voluntary dismissal, to which a legal basis - in connection with the need to care for a disabled child.

The presence of an employee with a child with disabilities is confirmed by a medical certificate or a document from the human resources department. A valid reason for such dismissal is indicated to the employee in the work book; this will provide grounds for payment of benefits when the woman registers with the employment service.

One more point should be remembered - for “your own desire” a two-week work period is provided. Although, in accordance with Article 77, the presence of a child under 14 years of age, pregnancy, retirement, as well as if the employee moves to live in another country or city, are generally valid reasons for dismissal without work.

If the boss endorses it exactly like that - “dismiss with service,” then there are exactly two prospects - either to comply, or to seek justice through the court .

Features of dismissal in the presence of a disabled child

Dismissing an employee to care for a disabled child has a number of nuances. As you know, a resignation letter is submitted 14 days before the expected date of dismissal. In the case of a disabled child, it is possible not to work this time, since caring for such a child is a valid reason. This is provided for in Article 84.1 of the Labor Code of the Russian Federation.

In this case, when drawing up an application, you must indicate this fact. The work book will also contain wording indicating that care will be provided for a disabled person.

Typically, employers do not have any questions in such a situation, but they have the right to demand a document that confirms disability.

Otherwise, the dismissal procedure follows the general rules.

When might an employee need it?

If the employee realizes that she cannot continue to work as usual, and the child will need her attention and care, she writes a statement to the employer.
The difference with maternity leave is that after the leave the employee calmly returns to her place , but the one who quit leaves permanently .

There is another nuance. The fact is that there is no special article in the Labor Code stipulating the need to leave the service specifically for the sake of caring for a young child . In essence, the employee leaves in the same way on her own initiative . You need to write a statement to your boss in free form , but the phrase must be heard: “I ask you to fire me at my own request to care for a child under fourteen years old.

Why is that?

The fact is, in the Labor Code of the Russian Federation, there is Article 77, which provides for the possibility of terminating an employment contract at one’s own will, as well as valid reasons for this (clause 3).

And child care is one of these reasons, which must be indicated in the application.

This is what will allow a woman to demand that the accountant write in her work book specifically “in connection with caring for a child under 14 years of age.” This entry will not provide any benefits , except for benefits when registering with the employment service as unemployed.

If she is sent to learn a new profession, she will have to pay a stipend . It should also be remembered that until 2007, employees of government offices and budgetary institutions who quit for this reason retained their work experience . Today this is not the case.