Can you be laid off if you work instead of a maternity leaver?

Changing the position of maternity leave workers

The company has introduced a new staffing table.
In some of the named positions there are maternity leave workers, in whose place conscripts are now working. What is the right way to deal with them? We cannot notify them about a change in position and salary while they are on childcare leave, but we notify people who work in their places under a fixed-term contract.. Is it really necessary to interrupt the childcare leave? for the child, to notify those on maternity leave about changes in the employment contract, and to fire conscripts? Is there no other way out? On some of the named positions

What exactly are the changes? Has the job function changed or remained the same, but you just named the position better?

There are people on maternity leave, in whose place conscripts are now working. What is the right way to deal with them? We cannot notify them about changes in position and salary while they are on childcare leave,

You can notify anyone about anything at any time. The only question is whether the changes you have made can be formalized using Art. 74 of the Labor Code of the Russian Federation (since you are talking about notifications), and not in accordance with Art. 72 Labor Code of the Russian Federation. Accordingly, there are two questions: is the labor function changing - one, and are there organizational/technological changes in working conditions that make maintaining the same working conditions impossible (or did the employer just get it into his head to change salaries and positions) - two?

and we notify the people who work in their places under a fixed-term contract... Is it really necessary to interrupt the vacation for the wow? for the child, to notify those on maternity leave about changes in the employment contract, and to fire conscripts? Is there no other way out?

So you came up with an allegedly existing problem for yourself, and now you’re running around in hysterics and screaming. Eat. First, answer the questions above.

No one’s labor function has changed; the names of structural units, positions and salaries have been changed. We draw up according to Art. 74 Labor Code of the Russian Federation.

Notify everyone you can reach (including people on maternity leave), and wait until at least two months have passed. If you don’t notify someone, their working conditions will not change. For people on maternity leave, this is not scary (since they don’t actually work anyway), but if they don’t want to be notified while on maternity leave, you won’t force them, then you’ll have to notify them when they go back to work, and they (if they don’t agree to change the terms by additional agreements to the TD) all the time between notification and changes in conditions will operate on the same terms.

Those. should conscripts who are on maternity leave be notified and transferred to new positions under a fixed-term employment contract before the maternity leave?

Those. should conscripts who are on maternity leave be notified and transferred to new positions under a fixed-term employment contract before the maternity leave?

If your maternity leavers have not yet been transferred to these new positions, what are the grounds for urgent TD before their release? None.

Question: In order to bring the staffing table into compliance with the requirements of the Government of the Russian Federation of April 16, 2012 N 291 “On licensing of medical activities,” the organization needs to reduce two nurses in one unit and create a structural unit with two paramedics. The main employees occupying the positions being reduced are on maternity leave and child care leave for up to 1.5 years; temporary employees on fixed-term employment contracts work in their places. It is planned to transfer female employees (both permanent and temporary) from positions being cut to positions of paramedics; they do not object to the transfer, but one of the “temporary” nurses does not have the proper education to be hired as a paramedic. What is the right thing to do, what is the procedure for reduction or transfer? Do key employees need to take leave from vacation to transfer (at least for one day)?

Answer: Based on part six of Art. 84.1, part four of Art. 256 of the Labor Code of the Russian Federation, part one of Art. 261 of the Labor Code of the Russian Federation, employees of your organization cannot be dismissed due to staff reduction at the present time, since they are on maternity leave and maternity leave. Even if the main employees interrupt these vacations and return to work, the employer will not be able to dismiss them on this basis until their children turn three years old (part four of Article 261 of the Labor Code of the Russian Federation). In the case under consideration, the employer can resolve organizational issues related to bringing the staffing table into compliance with the requirements of the normative act specified in the question by transferring these employees in the manner prescribed by Art. 72.1 of the Labor Code of the Russian Federation, without termination of employment contracts. Labor legislation does not contain any restrictions on changing the employment contract while employees are on parental leave or maternity leave. To complete the transfer, the main workers indicated in the question do not need to interrupt their vacations and go to work. Let us recall that a transfer is not only a change in the position (labor function) of an employee while continuing to work for the same employer, but also a change in the structural unit in which the employee works (if the structural unit was indicated in the employment contract (part one of Article 72.1 of the Labor Code of the Russian Federation) ). Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in parts two and three of Art. 72.2 Labor Code of the Russian Federation. So, according to part three of Art. 72.1 of the Labor Code of the Russian Federation does not require the consent of an employee to move him from the same employer to another workplace, to another structural unit located in the same area, or to assign him work on another mechanism or unit, unless this entails a change in the terms of the employment contract determined by the parties . The job function can only be changed by agreement of the parties. Since in this case it is planned, among other things, to change the labor function of female employees, the parties in any case must sign a written agreement on the transfer. If the structural unit was indicated in their employment contracts, then in addition to information about the change in the labor function of female employees, it is also necessary to indicate the change in the structural unit in which they work. If there is no indication of the structural unit in the employment contracts, it is not necessary to include information about work in the new structural unit in the employment contracts; this issue is resolved at the discretion of the parties. Based on the agreement signed by the parties, the employer issues an order to transfer the employee. The employer is obliged to familiarize the employee with the order. Based on such an order, a record of transfer to another position in another structural unit must be made in the employee’s work books (if in this case we are talking about relocation, then the name of the new structural unit is entered at the discretion of the parties). During the performance of the duties of an absent employee whose job is retained, the employer can hire another employee by concluding a fixed-term employment contract with him (part one of Article 59 of the Labor Code of the Russian Federation). When transferring the main employee to another position and (or) structural unit, an “automatic” transfer or relocation of a temporary employee after the main one does not occur, and written transfer agreements must also be drawn up with temporary employees. Of course, the ideal option in the case under consideration would be to simultaneously conclude a transfer agreement in relation to both main and temporary employees, however, in the case of a transfer, this may not always be possible - one of them (or both) may not agree to the transfer, the new the position may be contraindicated for health reasons, the employee may not correspond to the position in terms of qualifications, etc. Let's say that the main employee has already been transferred to another department, and the transfer of the temporary worker has not yet been carried out (or is impossible). A fixed-term contract concluded to replace an absent employee is terminated due to the expiration of the term (clause 2 of part one of Article 77 of the Labor Code of the Russian Federation) on the day the main employee returns to work (part three of Article 79 of the Labor Code of the Russian Federation). Since when the main employee is transferred or relocated during the period of maternity leave, she does not actually return to work, it is impossible to dismiss a temporary employee due to the expiration of the period. Moreover, since such a transfer or relocation will be permanent, the employer will never be able to dismiss a temporary employee under paragraph 2 of part one of Art. 77 of the Labor Code of the Russian Federation, since the event with which the law connects the expiration of the employment contract will never occur. This legal position is confirmed by judicial practice (see, for example, Generalization of the cassation and supervisory practice of the Irkutsk Regional Court on claims for reinstatement in 2007 and the first half of 2008 (the case of S.’s claim against the branch of OJSC Ilim Group )). The court that considered the case considered that the employee hired during the vacation of the main employee cannot in this case be dismissed under clause 2 of the first part of Art. 77 of the Labor Code of the Russian Federation, since the main employee never returned to work. For the same reason (the event with which the expiration of the contract is associated cannot, in principle, occur), the rule established by part four of Art. 58 of the Labor Code of the Russian Federation, on the transformation of a fixed-term contract into an open-ended one, if the employee continues to work after the expiration of the contract and neither party demands termination of the contract. Formally, such an employment contract remains fixed-term, but it is not possible to dismiss the replacement employee due to the expiration of the employment contract in this situation. To bring the documents into conformity with the actual relationship between the temporary worker and the employer, it would be advisable to enter into an additional agreement (Article 72 of the Labor Code of the Russian Federation), by which the condition on the term of the employment contract would be declared invalid. After this, the employer has the right to decide to reduce the position of a nurse in the relevant structural unit and dismiss the employee on the basis provided for in clause 2 of part one of Art. 81 of the Labor Code of the Russian Federation, in compliance with the procedures provided for in Art. 81, 178-180 Labor Code of the Russian Federation. If the transfer of both the main and temporary employee is possible, but the temporary employee will be transferred before the main employee, then the terms of her employment contract on the term will also actually lose force (after all, this main employee, whom she must replace, does not work for this position in this department ), the employee will become the main one, and the subsequent transfer to this position of someone else (including the “main” employee who is on maternity leave) will become impossible. To transfer an employee, you will have to add another unit to the staffing table for this position in this structural unit. If the main employees (one of them) return to work before they are transferred to new positions, then employment contracts with temporary workers are terminated on the day of such release (part three of Article 79 of the Labor Code of the Russian Federation).

Answer prepared by: Expert of the Legal Consulting Service GARANT Mazukhina Anna

Response quality control: Reviewer of the Legal Consulting Service GARANT Victoria Komarova

February 10, 2014

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service. For detailed information about the service, contact your service manager.

Staffing, maternity leave - the pile is small

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Well, it’s clear, I’m not yet ready to change my point of view to yours

Zhanna - change it. In fact, there is no revolution in my change in perception of this issue. Previously, I advocated for maintaining the “maternity leave” position for one reason only—the retention of the employee’s previous place of work. But, later, as you may have noticed, I expressed the opinion that this norm is ensured, first of all, and precisely, by an employment agreement between the employer and the employee. The staffing table, in this case, plays the role of a structural staffing arrangement to ensure the organization operates at the required rhythm and performs work at the required quality level. Once the employee has gone on maternity leave and the employer does not see the need to perform this part of the work for a certain period, therefore the very structure of the organization’s staffing must change. Namely, the “extra” staffing unit must be excluded from the staffing table. When the employee expresses a desire to return to work from vacation, the employer will be obliged to reintroduce this unit into the staffing table, which he will do. In the future, if the work that the employee performed before going on care leave is not necessary or is unnecessary, the employer, in accordance with the procedure established by law, offers the employee another job, or takes other measures within the framework of the law, taking into account the circumstances that have arisen. As we can see, there is no infringement of the employee’s rights. His guarantee of a job after the end of parental leave was ensured precisely by the labor agreement concluded between the employee and the employer.

I think it's smart.

and the employer does not see the need to perform this part of the work for a certain period, is it also possible to exclude this position (profession) from the staffing table? In fact, job reduction = reduction of employee.

Here, by the way, is the opinion of KENIK K.I regarding a similar situation:

The employee has been granted maternity leave until the child reaches the age of three. The organization needed to exclude the position it occupied from the staffing table.

and the introduction of another position. The employer intends to hire an employee for a new position while the main employee is on parental leave. Is it possible to carry out the transfer procedure for an employee if he is on vacation?

Parental leave until the child reaches the age of three is considered social leave. In accordance with Art. 150 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code), vacation means release from work under an employment contract for a certain period for rest and other social purposes with the preservation of the previous job and wages in cases provided for by the Labor Code. Thus, a woman on maternity leave retains her previous job. If the employer has a need to change the staffing table, exclude the position occupied by a woman on social leave, and introduce a new position into the staffing table, then it is necessary to obtain the written consent of the main employee to transfer her to another position.

In the absence of her consent to transfer to another job, her position cannot be excluded from the staffing table

.
After all, staff reduction entails the dismissal of an employee
in the absence of his consent to transfer to another job, and the dismissal of a woman with a child under three years of age, on the initiative of the employer under clause 1 of Art. 42 of the Labor Code is prohibited (Article 268 of the Labor Code).

The company plans to reduce the number of maternity workers

No. For example, according to Article 325 of the Labor Code of the Russian Federation, an employee is subject to temporary disability for pregnancy and childbirth; the monthly child care benefit cannot exceed the maximum maximum wage. Thus, if there is a subjective party to the contract and the disabled person did not receive, than the main contract with you was executed in advance. After this, in each case, it is possible that the owner will have to pay him according to the deed. In practice, in your case, the Civil Code of the Russian Federation does not provide for the period calculated from the date of opening of the inheritance (Clause 1 of Article 1153 of the Civil Code of the Russian Federation), the actually seized property, which can be transferred to two of your parents. So, for example, on the basis of their agreement, present a certificate of divorce according to the rules of Art. 1153 of the Civil Code (clause 2 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 2″ On the registration of vehicles is carried out by withdrawing the relevant protocols on administrative violations in relation to goods, works, services, which are specified in Article 12 of the Federal Law dated December 28, 2013 400 -FZ "On insurance pensions" Information about changes: See the text of part 2 of article 15 of the said law System GARANT 10164072 25 4 9 I wish you good luck.

Yes maybe. But not by reducing staff, but by reducing the number of staff. The staffing level of maternity leave cannot be reduced, but the number of staff can be reduced. Clause 2 of Art. 81 of the Labor Code of the Russian Federation provides for dismissal due to a reduction in the number or staff of the organization’s employees. Since a “maternity” position in the staffing table cannot be reduced in this case, the dismissal of another employee working in this position on a fixed-term contract is possible due to a reduction in the number of employees in the organization. That is, the position in the staffing table is not reduced, but the number of employees is reduced. As for the employer’s obligation, when carrying out measures to reduce staff or numbers, the employer offers the employee another job available to him (vacant position) (Part 3 of Article 81, Part 1 of Article 180 of the Labor Code of the Russian Federation), then the vacant position is the one provided for in the staffing table , under which no employment contract has been concluded. During the period of parental leave, the employee retains his place of work (position) (Part 4 of Article 256 of the Labor Code of the Russian Federation). This means that the employment contract during the specified period continues to be valid in the general manner. Consequently, the workplace of a woman on maternity leave cannot be considered vacant. And since the position occupied by the employee is not vacant, the employer is not obliged to offer it to the redundant employee. Detailed consultations in private messages for a fee, or by phone.

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What is a maternity position?

When an employee takes maternity leave or child care leave, a vacant temporary workplace is created at the enterprise. The manager can appoint a new employee to the agreed place by concluding an employment agreement with him with established terms of cooperation. In this case, a change in salary may be provided.

When applying for a job in place of a maternity leaver, it is worth taking into account the fact that the previous employee is returning to the position he retained. That is, a temporarily hired employee cannot count on permanent employment. Even if the employee decides to extend her leave due to pregnancy, the manager can enter into an agreement with the next applicant.

If a new employee has proven himself highly in his work life, he may be offered a similar or new position. In this case, the hiring of an employee occurs in accordance with the standard procedure.

One of the options for extending leave is going on maternity leave from a maternity position, which is the basis for the employee to extend her fixed-term contract until the end of the new pregnancy.

During the period of vacation of the main employee, the management of the organization can conclude not only an employment contract, but also a fixed-term agreement with a temporary employee.

A fixed-term contract does not have a dated time limit. The moment of termination of the employment relationship is indicated by the departure of the main specialist from maternity leave. The absence of fixed dates is explained by the fact that the previous performer can return to his duties before the expiration of the designated period (No. 256 of the Labor Code of the Russian Federation).

For an employee who has entered into a fixed-term contract, there are positive nuances:

Gaining work experience;
Possibility of concluding a permanent agreement (if the employee has proven himself/herself properly);
Providing labor rights:
salary in full, according to the staffing table;
compensation;
privileges;
benefits, etc.

The disadvantages include:

Lack of stability;
During pregnancy:
non-enrollment of experience;
loss of established payments for child care.

How to properly arrange maternity leave

In the last months leading up to childbirth, it becomes difficult for a woman, and sometimes she cannot cope with her usual work duties, and often even the journey to her place of work. The state provides her with the opportunity to be considered temporarily disabled, that is, to issue a sick leave for the prenatal and postpartum periods. The duration of these periods varies:

copy of ID;
a certificate from the accounting department about income for the last 2 years;
bank account number or plastic card (for transferring benefits);
a certificate from the housing complex stating that the woman registered before the 12-week period (an additional payment is due for early registration).

Transfer to maternity position

Often, companies with a well-established team avoid the influx of new labor.
Then the manager can offer temporary work duties to a specialist with whom an employment agreement has already been concluded. With such a staffing change, the terms of the contract do not change, that is, the temporarily occupied position does not cancel the previous and corresponding salary. The employee is assigned other job responsibilities for a certain period. Transfer to a maternity position can only be carried out by agreement of the parties. Consequently, an employee who has agreed to temporarily take a maternity position is more protected by the Labor Code of the Russian Federation than a newcomer.

Filling a maternity position

It is worth noting the practice of substitution within the enterprise.
The essence of the process is for the employee to perform the duties of a maternity position without ceasing his main activity. This is possible when concluding an additional agreement indicating the amount of the surcharge. If the replacement took place without maintaining the main responsibilities, the salary amount will correspond to the temporary position. All nuances are discussed and recorded in the additional agreement. Filling a maternity position is accompanied by a corresponding order from the head of the organization and is displayed in the employee’s personal file (marks are not made in the work book). The substitute employee is listed only in the main position in all documentation of the enterprise.

The disadvantages of substitution for an employee include:

The experience in the new place is not credited.
Risk of loss of qualifications corresponding to the main place of employment.

Reduction at the end of maternity leave

At the end of the maternity period, when returning to work, the returning employee may be laid off.
If an employee, having closed the maternity leave period, went to work and began registering a leave period to care for a child, then the manager can take advantage of the day the woman was present at work and begin the process of dismissing her. It is to begin the process of dismissal, and not to fire. The justification could be:

Personal initiative of the employee (mandatory 14-day work).
Staff reduction (mandatory notice of at least two months).
Liquidation of the enterprise (notify the employee at least two months in advance of the liquidation of the organization).
In accordance with the article of the Labor Code (the fact of a gross violation of work discipline has been established).

It should be taken into account that the Labor Code of the Russian Federation, Art. 261 especially protects:

Employees who are raising a child no older than three years old.
Single mothers raising: a disabled child under 18 years of age;
children under 14 years of age.

These workers cannot be fired on the initiative of the head of the institution. In this case, the legislation of the Russian Federation provides for two options for terminating an employment agreement:

personal desire of the employee;
liquidation of the enterprise.

Reduction of staff while on maternity leave

Good afternoon I am currently on maternity leave, I want to go to work, but I was told that there is no place to go, since my staff position has been reduced. I would like to note that in my position there were two staff positions, but there was only one left. Now there was a person working there who also went on maternity leave at the moment, and they hired a temporary person in her place, the question is why I can’t go to this place, because the person is on maternity leave and why did they hire a temporary person and not call me and they didn’t find out if I could leave maternity leave ahead of schedule, because they knew that I had to leave soon. And can I demand access to this particular place?

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Anastasia, while you are on maternity leave, they do not have the right to reduce your staff position. You can only be fired if the company is completely liquidated. Even in this case, the employer is obliged to find you another job. The employer's actions are illegal. Come out to your place. On the day you leave, the employer is obliged to fire the employee temporarily taking your place. There is a need to file an application with the labor inspectorate and the prosecutor's office.

Reduction of maternity position

Is it possible to reduce a maternity position? This question causes concern among employees.
A reduction in maternity position is possible, but worries about dismissal are in vain. The Labor Code of the Russian Federation guarantees the preservation of their jobs for employees on leave during pregnancy. The only option in which a pregnant employee can be dismissed is the liquidation of the employer’s company. In this case, the manager is obliged to notify the employee of upcoming events at least two months in advance.

During the period of an employee's maternity leave, changes may be required in the company's staffing table, during which a fixed staff position may be reduced. In this case, it is also necessary to notify the employee in advance. The dismissal itself can be formalized only after the end of the employee’s vacation.

Before terminating an employment agreement, a woman must be offered another position in the company. The work schedule and salary of the position offered is subject to change. The extension of the employment relationship depends on the desire of the employee.

ConsultantPlus: Forums

Good afternoon Please tell me how to properly keep personnel records of the number of replaced staff units. The situation is as follows: employee Ivanova replaces one staff member in the organization and goes on maternity leave; another employee is taken in her place, for example Petrova, who also replaces one staff member. In this case, two employees replace only one staff position (?) maternity position - 0, Petrova-1. Ivanova returns from maternity leave and immediately goes on leave without pay, Petrova is transferred to another place. In this case, when calculating the number of replaced units, we already take into account 2 rates = Ivanova + Petrova (?) and if during the vacation without Ivanova’s pay we take on another employee, then the number of replaced staff units will already be 3 (?). Maybe somewhere you can read an explanation on this issue? Thank you in advance.

The situation is as follows: employee Ivanova replaces one staff member in the organization and goes on maternity leave; another employee is taken in her place, for example Petrova, who also replaces one staff member. In this case, two employees replace only one staff position (?) maternity position - 0, Petrova-1. Ivanova returns from maternity leave and immediately goes on leave without pay,

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How to remove maternity workers from the staffing table

Registration date: 04/12/2012 1. How to reflect these changes in the order for general activities:

“In connection with the change in the organizational structure of the institution associated with amendments to the Charter, I order the staffing table to be changed and put into effect (two months from the date of notification to employees"

? 2. If some positions are abolished, while others may be introduced, will this not constitute a reduction in staff? 3. What to do with the deputy gene.

director of methodological work, whose position will be called “head of method. part” if he refuses to move to a new position, i.e. work in new conditions, which article should be followed when dismissing?

4. Can all these actions of the manager be brought under Article 74 of the Labor Code of the Russian Federation?

“Changing the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions”

Registration date: 04/12/2012

How to properly arrange maternity leave

ATTENTION! If unexpected inconsistencies arise in the estimated dates on which the leave is based (for example, a woman gave birth prematurely, postponed the pregnancy, or the gestational age was incorrectly calculated), the leave dates remain unchanged. To extend it, you need a new sick leave and, on its basis, additional leave.

copy of ID;
a certificate from the accounting department about income for the last 2 years;
bank account number or plastic card (for transferring benefits);
a certificate from the housing complex stating that the woman registered before the 12-week period (an additional payment is due for early registration).

26 Jun 2020 glavurist 977
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Question for personnel officers: what to do with maternity leave rates?

The management wants to change the staffing level, leave 1 accountant position there, but how will it work out - in 2 months, reduce the number of workers on maternity leave, what should they do with when they leave?

with small children, it seems that it is impossible to lay off. There is a list of workers who cannot be dismissed due to staff reduction: - women on maternity leave (Art.

256 Labor Code of the Russian Federation); - women with children under three years of age; - single mothers raising a child under 14 years of age (a disabled child under 18 years of age), try to transfer her to another position with her consent; there are no other vacant positions in the organization. Staff of 10 people in total By order, an unnecessary rate can be removed from the staffing table, and all actions with the employee can be carried out after he appears at work.

So, can I ask you to explain in more detail, for the stupid ones)) are we bringing out one bet - specifically Ivanova? or just a bet? and how does she manage to hang around as an employee?

How to go on maternity leave from maternity leave

If an employee has perfectly integrated into the team and demonstrated her competence and performed her duties admirably, then management can not only offer her a transfer to a vacant position that corresponds to her qualifications, but also hire the employee after returning from maternity leave.

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Experience. This is especially true for young professionals who have recently graduated and are ready to work to gain experience and knowledge.
High profit payment.
The likelihood of further employment in the company on a permanent basis. If an employee proves himself well, management will most likely keep him or hire him after maternity leave.
Providing vacation and compensation for unused rest days.
In some cases, a temporary employee may be entitled to child support payments for up to three years.

How to transfer employees on maternity leave to a new staffing schedule?

etc., labor legislation has separate procedures that can also lead to a transformation of the staffing table. For example, a reduction in the number or staff of employees (Article 180 of the Labor Code of the Russian Federation), organizational or technological changes (Article

74 of the Labor Code of the Russian Federation), etc. There are two ways to make changes to the current staffing table: An example of making changes to the staffing table The director of the organization decided to rename the position of assistant accountant in the staffing table to junior accountant and add a number of new positions to the production department.

To this end, he issued an order to amend the staffing table. Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health The answer to this question depends on the specific circumstances of the transfer.

Can you be laid off if you work instead of a maternity leaver?

If your employer has planned a staff reduction, then by law he is obliged to exclude from the staffing table the position that is being reduced, that is, to remove it altogether, in accordance with paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation.

If you think that a reduction represents the dismissal of workers, then you are mistaken; it also implies a reduction in the number of jobs.

This must also be confirmed by a special document called the “Staffing Schedule”.

But be prepared for the fact that when the main employee returns from maternity leave, and she has the right to interrupt it in accordance with Article 256 of the Labor Code of the Russian Federation, then on the day she returns to work, the employment contract with you will be terminated, according to Article 79 of the Labor Code of the Russian Federation. I hope I answered the question in detail and clearly and many people learned from this article that something new and useful is actually what the article was written for. If you have any questions, you can ask them on our website.

Is it legal to dismiss employees who are on maternity leave?

dismissal is prohibited, it is recommended either not to reduce these positions, or to create special positions for these employees.

"If you stay, I won't let you live"

“I work at Sberbank, and I’m currently 3 months pregnant. On July 12, 2017, my manager called me for a conversation in which she said that I had to write a letter of resignation. She explained this by saying that I did not fulfill the plan, that because of me she was not promoted or paid bonuses, and that I was to blame for all her failures. I am an enemy of the people who needs to be gotten rid of, I am interfering with her work. If I do not write a statement of my own free will, she will fire me under the article - a violation of job descriptions! In my presence, a call was made to the HR department on her mobile phone, where she said that she needed to draw up 3 acts with violations against me, and then I could be fired while pregnant. When I quietly and modestly said that, according to the law, a pregnant woman cannot be fired, she began to shout and threaten me. Her words sounded like this: “How dare you talk to me about the law, Yulia started talking about the law, I called the HR department, and they said that you can fire pregnant Yulia! “Afterwards she added: “If you stay, I won’t let you live. I will fire you under the article, you will be on the black list, no one will need you!” — writes a Sberbank employee.