Is it possible to dismiss a father of many children at the initiative of the employer?

Who is recognized as such?

The legislation does not contain a definition of the terms “large family”, “large mother and father”. The criteria for determining large families are determined by regional legislative acts.

Most subjects of Russia consider those who are raising 3 or more minor children to be fathers and mothers of many children.

In some cases, the status of “large family” continues to apply even after the child reaches 18 years of age if he is studying full-time. Some regions (most often we are talking about the Caucasus) define 5 or more minors as a criterion for a large family.

Children in such families can be either natural or adopted.

A father of many children is thus one who has 3 or more children if:

he and his wife are not divorced;
or after the divorce the children remained to live with him;
or is a widower raising children on his own;
all children are registered at the same address.

Status of father of many children

Just 10 years ago, men with 3 or more children were practically not protected by the state from possible dismissal. At that time, the Labor Code of the Russian Federation provided guarantees only to mothers with many children. Why did this happen? Because the status of having many children was given to mothers, while their spouses remained unprotected.

In 2010–2011, significant changes occurred in the legislation. So, today even a father can officially receive the status of having many children. Moreover, in 2011, the Constitutional Court equalized the labor rights of mothers and fathers of large families. This allowed men raising 3 or more children to protect themselves from job loss in most cases. Of course, situations in which their dismissal is possible exist, but now there are much fewer of them.

Status confirmation

The employer, when deciding to dismiss for one reason or another, studies the facts known to him about the employees. Thus, having 3 or more children allows you to receive privileges, but subject to official confirmation of your status. To do this, the following package of documents is provided at the place of work:

birth certificates for all children;
Marriage certificate;
copy and original certificate of a parent with many children;
confirmation of the fact that the man is the only source of income for the whole family (for example, a certificate of disability of the wife, of registering her as unemployed, or a paper from the institute indicating that the woman is in full-time study).

Special benefits are provided to single fathers . Then they don’t have to fear for their future, even if all the children are over 3 years old. However, you will have to prove to the employer that you have the status of a single father. This can be documented by a court decision to deprive the mother of parental rights, a certificate of her death, or other documents.

Is it possible to lay off a father, especially if he is the only breadwinner?

Today, the dismissal of a father with many children is carried out in exactly the same way as the dismissal of a mother with many children. Dismissal is prohibited if the father is the sole breadwinner of a child under 3 years of age in a family raising three or more young children, that is, the mother does not work or is absent.

In accordance with Art. 81 of the Labor Code of the Russian Federation, a father of many children can still be dismissed at the initiative of the employer on the following grounds:

absenteeism;
repeated failure to fulfill job duties;
committing intentional embezzlement, theft or damage to the property of the employer’s company (enterprise);
gross violation of safety regulations;
submission of false documents during employment;
other grounds established by paragraphs. 1, 5-8, 10 or 11 hours. 1 tbsp. 81 Labor Code of the Russian Federation.

When an organization is liquidated, everyone is laid off, including those with many children.

When reducing staff, a father with many children is subject to dismissal in the following situations:

If an employee was offered a vacancy, but refused it.
If the available positions are not suitable for the employee due to health reasons, professional qualifications and specialization. In this case, it is possible to retrain such an employee.

The following may also be grounds for dismissal:

expiration of the employment contract (agreement) and the employee’s refusal to renew such a document;
refusal to transfer to another job in another locality together with your employer.

According to the resolution of the Constitutional Court of the Russian Federation No. 28-P dated December 15, 2011, the dismissal of a father is unacceptable if such an employee is the sole breadwinner in a family raising three or more children under the age of 14, including a child under the age of 3, and the mother of the family At the same time, she does not work and takes care of children.

To obtain the status of sole breadwinner, a father with many children is required to submit the following certificates to the employer (depending on the situation):

A certificate from the labor exchange (from the employment center) stating that the mother of the children does not work (or a certificate about her studies at a college or university).
Birth certificates of 3 or more children.
ITU certificate for the child, if the mother is caring for a disabled child. Moreover, this document must indicate the need for constant care without interruption.
A court decision depriving the mother of parental rights. In this case, the guardian of such children must be their father.
Certificate from the registry office about the death of the wife - the mother of the children.
Certificate of a parent with many children.

In life, it happens that the wife is on maternity leave, and her husband, a father of many children, earns money for the whole family. Moreover, they have 3 or more children, one of whom is a minor. According to the law, in such a situation it is considered that the wife still works.

Not all courts consider a spouse on maternity leave as a dependent. However, in any case, the preferential right to remain at work should apply to both employees with many children.

How to prove your status as a father of many children?

Recognition of a father as a parent of many children depends on regional legislation.

But in most regions, the right to such status is available to parents raising at least three children.

The corresponding certificate is issued to both parents upon contacting the local social security authority and providing the necessary package of documents. It includes, for example, the birth certificates of all children, parents’ passports and an extract from the house register. The full list should be checked with your local social security authority, as it may vary depending on the region and specific situation.

If the father does not have such a certificate, he can provide the following to the personnel department:
copies of the birth certificate of all children and your own passport;
a certificate confirming family composition;
a certificate provided by the local employment center (if the mother is actually unemployed).
In some cases, the father will also have to prove the absence of the mother and the fact that he independently raises children (his own or adopted ones).
For this you must submit:
court decision on deprivation of parental rights;
court decision on deprivation of liberty;
a decree confirming the transfer of custody to the father;
certificate confirming the death of the mother.

Entitled payments

Termination of an employment contract with an employee who has many children is accompanied by the accrual of generally accepted payments, which consist of:

from the monthly salary or salary not paid by the employer for another period already worked;
from compensation accruals for vacation days unused in the current year;
from severance pay if the employment contract is terminated on the initiative of management (for example, during liquidation or reorganization) or for reasons beyond the control of the parties (for example, illness).

Typically, termination of an employment contract is preceded by written notice from the employer, sent two weeks before the planned dismissal. This period is considered the so-called working out.

You can avoid working off by terminating an employment contract for valid reasons (for example, due to illness or relocation) or when signing an agreement document. In these cases, payment is made immediately or on the date specified in the agreement.

If the initiative comes from the employer, notice is sent two months before termination of the contract (as, for example, in the case of layoffs).

Only disabled family members can receive a state survivor's pension.

Dismissal of the sole breadwinner in a large family

A situation may also arise that caring for all members of a large family falls on the shoulders of the father, and he works. Does he have any benefits due to the fact that he is the only breadwinner in the family? How can such an employee retain his job and protect himself from dismissal?

The rights of parents with many children, both mothers and fathers, are spelled out in Art. 261 Labor Code of the Russian Federation. The categories of employees who are not subject to dismissal are clearly defined here. But if we are talking about an employee who, due to circumstances, is the only breadwinner in the family, then you need to be guided by the provisions of Art. 179 of the Labor Code of the Russian Federation, which states that citizens raising children have the priority right to remain in the workplace. In addition, the sole breadwinner in the family has additional benefits, which are listed in Art. 256 – 264 Labor Code of the Russian Federation.

Dismissal of the father of a large family, as well as the mother of a large family, is possible only in the following cases:
a legal entity undergoes a voluntary or forced liquidation procedure, that is, goes bankrupt or closes on its own;
an individual entrepreneur ceases his activities on the same grounds.

But the only breadwinner in a family with many children must confirm his status. To do this, he must bring to the personnel department copies of the children’s birth certificate, a copy of the marriage certificate, a copy of the certificate of the parent with many children, as well as documents confirming that he is the only breadwinner in the family. A certificate for a parent with many children is issued by the territorial department of social protection at the place of permanent registration of the family.

Documents that confirm that this employee is the sole breadwinner include:

a certificate from the employment center where the second parent is registered as unemployed;
a certificate from the university confirming that the second parent is a full-time student;
a medical certificate confirming the disability of one of the children, giving the right to the second parent not to work, but to care for the child;
other documents.

There may also be a situation where the father raises his (or adopted) children himself, but their mother is absent. He must also confirm this status. To do this, he submits the following documents to the HR department:

a court decision that the mother of the children is deprived of parental rights;
court verdict to take the mother into custody and deprive her of her liberty;
a court order confirming the transfer of custody of the children to the father;
mother's death certificate.

Particular attention must be paid to the employment contract. HR department employees often resort to tricks, proving to the employee that since the contract has been signed, the employee must fulfill all its terms. This also applies to the situation of the sole breadwinner in the family. That is, at the time of signing the employee was not one, but in the process of work he became the sole breadwinner, so there is no such provision in the contract. Therefore, benefits do not apply to such an employee. This is wrong! If, upon employment, an employee is not the sole breadwinner in the family, but later becomes one, he has the right to all the benefits and payments due to this category of workers.

When a parent with many children can have their employment contract terminated.

Dismissal can be made at the initiative of an employee who has three or more children, as well as by mutual agreement of the parties.

In the first case, the employee just needs to submit an application to management and work for 2 weeks.

In the second situation, the conditions under which a person leaves a position play to the benefit of the organization.

For this reason, many unscrupulous employers try to persuade a subordinate to terminate the contract precisely using this wording.

In some cases, a parent with many children may be fired by decision of the employer.

However, there are good reasons for this:

Liquidation of the enterprise. If an organization ceases to exist, then the citizens employed in it are dismissed for objective reasons. At the same time, persons with whom labor agreements are terminated are entitled to monetary compensation.
Reduction. Despite the prohibition of carrying out such actions in relation to a parent with many children - the breadwinner of the family, Art. 179 of the Labor Code nevertheless stipulates the fact that the latter’s qualifications must match or exceed those of other workers.
Employer initiative. An organization can formulate an order unilaterally. However, this requires strong documentary justification. The reasons for dismissing an employee with preferential status by decision of the enterprise are given in Art. 261 Labor Code of the Russian Federation. The full list of grounds is named in paragraph , - , 10 or 11 of Part 1 of Art. 81 or clause 2 of Art. 336 TK.
Expiration of the employment agreement.
Circumstances beyond the control of any of the parties (Article 83 of the Labor Code of the Russian Federation). The article presents a list of grounds leading to termination of an employment agreement. For example, if in his free time a person loses his driver’s license for driving a vehicle while intoxicated, then he will no longer be able to perform his duties. As a result, the citizen is fired.
Termination of the contract on the grounds of Art. 83 fully applies to mothers and fathers with many children. However, the following clause applies: dismissal is permitted if the employee (with his consent) cannot be transferred to another position available in the organization.

The presence of an offense that will serve as a basis for severing the employment relationship with the employee must be documented.

Otherwise, the dismissal will be declared illegal upon appeal in court or the labor dispute inspectorate or the prosecutor's office.

Legislative regulation

Since 2011, separate concepts – mother and father with many children – do not exist. The legislation uses a single term “parent”. Accordingly, the same norms of the Labor Code of the Russian Federation and special legal acts are applied.

In 2012, the State Duma adopted amendments to Article 261 of the Labor Code of the Russian Federation. The Constitutional Court also declared this clause illegal if the procedure applies to the only breadwinner in the family. From that moment on, the dismissal of a father of many children at the initiative of the employer became impossible.

Can a father of many children be fired from his job?

Despite this, it is possible to terminate an employment contract with a father of many children if he:

repeatedly and grossly violates labor discipline and daily routine. For example, he is fundamentally late for work every day;
intentionally caused damage to the employer's property. This misconduct cannot but be noticed by the employer. He must react! These violations are considered gross, and for them you can be fired, including the sole breadwinner in a large family.

But you can’t just fire someone like that! The employer must record the fact of the violation and correctly draw up all personnel documents. Otherwise, such an employee may challenge his dismissal in court, which will force him not only to accept the dismissed employee at his previous workplace, but also to pay for the forced absence. In addition, a father with many children may be laid off. This is grounds for terminating the employment contract with him.

Dismissal at the initiative of the employer

In some cases, fathers with many children are also subject to dismissal at the initiative of the employer. This happens without violating the law.

If a father with 3 or more children is not suitable for his position, he is a candidate for a vacant position. However, it is permissible to dismiss him only due to his failure to pass certification.
If such an employee fails to cope with his immediate responsibilities without justifiable reason.
If the father of many children was absent from the office for more than 4 hours in a row without good reason.
If an employee arrives to work drunk or under the influence of drugs, a doctor must record this.
If an employee with many children has disclosed information related to a trade secret. However, the provision on proprietary information must be adopted by the enterprise. When reading the normative act, the employee puts his signature.
If a working father of many children neglected labor safety standards.
If he stole something from the workplace or intentionally caused damage to the employer’s property. This fact will be evidenced by the employer together with the competent authorities.
If the employee has lost the trust of the manager. However, the employment contract is terminated only with a certain category of employees, for example, with financially responsible persons.
If a father with many children commits an immoral act at work related to the upbringing or education of minors
If a father with many children holds a position using forged documents.

Dismissal during probationary period

In this case, the employer’s separation from the father of many children is also possible. But such a condition must be reflected in the employment contract.

It is imperative to prescribe a specific probationary period and reasons for dismissal at the end of this period. One of them is the failure of such an employee to fulfill assigned duties.

It is impossible to exempt a father with many children from work during the probationary period if such details are not included in the TD. Then the employment contract becomes valid for an unlimited time, and such employee continues to work.

Dismissal at your own request

It happens that a father with many children wants to leave his job in a company or enterprise. Then this employee needs to write a letter of resignation, appealing to his own desire. The statements include:

reason for voluntary dismissal;
day, month, year when the employee plans to finish work;
date of writing the application document.

It is important that the time of care is equal to 2 weeks (at least) counted from the date of the application. Moreover, the employee retains the right to withdraw his own application document in any of the 14 days. On the last day of the second week, an order is issued, and the resigning father of many children is paid the due money:
salary for the last working days;
bonuses, allowances;
compensation for unrealized vacation time.
Along with receiving the required payments after writing the order, the person resigning must pick up a work book from the personnel department.

Dismissal of an employee without working 2 weeks under the Labor Code

Article 80 of the Labor Code of the Russian Federation

Leaving work on one's own initiative is regulated by Article 80 of the Labor Code. It states that voluntary departure is possible subject to certain conditions.

These are considered:

the legal right of a citizen to terminate cooperation;
a written warning to the employer of your desire to leave your position;
notice of resignation must be given fourteen days before the planned departure from work.

In case of agreement between the resigning employee and the director, the duration of the “working off” may be reduced.

In addition, the article provides reasons that allow an employee to stop working at the time of writing an application, even without the consent of the employer.

This list includes:

official conscription of an employee for military service;
starting studies at higher or secondary vocational educational institutions;
reaching retirement age;
fact of violation by the employer of Labor Code standards.

Pensioners

In Russia, many pensioners continue to work, even if by law they are supposed to rest. They have the same responsibilities as regular full-time employees, but the government of the country provides them with certain privileges.

These include:

a pensioner can resign without “working off”, based on Article 80 of the Labor Code;
Pensioners are valued by the employer for their invaluable experience and knowledge, so they are subject to staff reduction only in extreme cases.

As practice shows, a pensioner has the right to resign on the same day on which he submits a corresponding application to the employer. The Labor Code does not establish a clear time frame in this regard, but the boss should not detain retired employees.

As you know, the government of the Russian Federation often raises the issue of increasing the retirement age. This is provoked by the large number of Russian working pensioners. Organizations and companies are also interested in retaining experienced workers.

In order for a pensioner to resign without further “working off”, he needs:

draw up an application correctly;
submit all required documents.

This formality is allowed in cases where a citizen worked in an organization before receiving the title of pensioner.

Of course, the employer may require such an employee to do two weeks of “work,” but if the matter comes to trial, the outcome in most cases will be in favor of the pensioner.

Note! If a pensioner gets a job in a new organization and after some time decides to leave it, the procedure for dismissal will be the same as for other employees: he is obliged to notify the director of his decision 14 days before writing the application.

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Fathers of many children

Fathers of large families work at enterprises on the same basis as other employees. The only difference: minimal risk of being laid off.

If a citizen has expressed a desire to terminate his employment relationship with his employer at his own request, he is obliged to notify his management about this two weeks in advance.

That is, a father with many children must “work” for two weeks if the reason for his dismissal is not specified in Article 80 of the Labor Code of the Russian Federation. The employer may accommodate the citizen halfway and not require work, regardless of the circumstances obliging him to make such a decision.

Procedure

The procedure for terminating employment at one’s own request without working off the work involves:

determining the reasons that allow you to not go to work for an additional two weeks (reaching retirement age, entering a university, vacation or sick leave followed by dismissal, etc.);
writing an application addressed to the director;
transfer of materials or signing of a bypass sheet;
waiting for a written order of form T-8 and familiarizing yourself with it;
waiting for the date of dismissal in order to receive a payment;
receiving a work book with a record of termination of cooperation.

Statement

The correctness of the document is associated with the specific reason on the basis of which a citizen has the right to leave work and not work for two weeks.

We suggest the structure of the application :

the header indicates the full name of the director, the official name of the organization, the full name and position of the resigning employee;
in the middle of the sheet the word “Statement” is written;
the main part indicates the petition, a reference to the Labor Code and the reason for dismissal;
at the end the date of drawing up the document and the signature of the citizen are indicated.

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Sample

If an employee wants to resign upon reaching retirement age or in connection with the start of studies at a vocational educational institution, he must write: “I ask you to dismiss me from my position at my own request on April 4, 2020 due to retirement/enrollment in a university.”

If a citizen wants to take a vacation and leave work, he must write: “Please provide me with 24 days of required vacation from February 28, 2020, followed by termination of cooperation at my request.”

How to protect your pre-emptive right

There are a number of nuances that help avoid problems from the very beginning. They are simple and underrated.

A. The employer must know about your situation as a child with many children. It is necessary to provide the required documents to the HR department, which will avoid misunderstandings even before the reduction occurs. Q. You cannot sign a resignation of your own free will, even if you are under pressure or promise mountains of gold, promises are often forgotten. Forced dismissal is punishable. C. In all controversial cases, consult with a lawyer or the Labor Inspectorate D. If layoffs cannot be avoided, then carefully collect the documents provided to you by management at all stages (notification, position offer, refusals, etc.), suddenly there will be a need for legal action proceedings Try to monitor the employer’s actions during layoffs - any violation or incorrect action in this procedure plays into the hands of the employee

And don’t be afraid to go to court to get your job reinstated.

Impossibility of dismissal and other benefits

Article 261 of the Labor Code of the Russian Federation lists categories of persons who cannot be dismissed (except in cases of liquidation of the company and certain others). One of these is the parent or breadwinner in a large family. However, the following requirements are additionally imposed on such a father:

has 3 or more children;
at least 1 of the children is under 3 years old;
the man is the only breadwinner in the family (his wife is on maternity leave or simply not employed).

Fathers with a disabled child under the age of 18 receive additional privileges. Then the requirement for one of the children to be 3 years old may not be met.

Has a father of many children and other privileges. In particular, Article 179 of the Labor Code of the Russian Federation assumes that he has a preferential right to retain his position in the event of a reduction in staff or numbers at the enterprise. True, in this case the status of a father with many children does not play a role. This right is granted to a man on another basis - the presence of 2 or more dependent persons. That is, you can get it without the status of a father of many children.

Additional privileges for men with many children are prescribed in Articles 256 – 264 of the Labor Code of the Russian Federation. They list guarantees that apply to women and their spouses, as well as fathers raising their children alone.

Dismissal of a parent with many children: mother, father

Art. 261 of the Labor Code approves categories of citizens with whom an employment contract cannot be terminated. These include parents (breadwinners) in a family raising three or more children.

However, this will require meeting a number of conditions.

The latter include:

Having the status of a large family.
One child is not yet three years old.
The citizen is the sole breadwinner, providing the family with a means of subsistence. In this case, the spouse must be on maternity leave and (or) not have a place of employment.

If citizens are raising a minor with disabilities, then the age of disabled children is up to 18 years.

According to Art. 179 of the Labor Code, parents with many children are protected from staff reductions if they have equal qualifications with other employees.

However, in this case, it is enough to raise two children under 18 years of age and be their sole breadwinners.

The spouse also should not carry out work activities, for example, look after the baby on maternity leave.

Are men and women with 3 or more children equal in status?

Previously, the dismissal of a father with many children was carried out in accordance with the general procedure.

However, after clarifications from the Constitutional Court of the Russian Federation, fathers raising three or more children were equal in status to mothers with many children (Resolution of the Constitutional Court of the Russian Federation dated December 15, 2011 No. 28-P).

Men with the above status also have access to all labor privileges that apply to the fair sex:

restriction of overtime activities;
inability to attract an employee to work at night;
prohibition on engagement in duties on weekends and holidays;
inability to go on business trips;
providing additional days of rest, etc.

Application for an additional day off for families with many children. [12.86 KB]

Day off for families with many children: extra for mother and father.

Procedure for terminating an employment contract

The procedure for dismissing an employee who has 3 or more children is carried out in the manner prescribed by Art. 84.1 Labor Code of the Russian Federation. The algorithm of actions is as follows.

There must be grounds for dismissal.

As mentioned above, a father with many children can only be fired in extreme cases at the initiative of employers. That is, the grounds will be:

An order to liquidate the organization and a notice given to the employee 2 months before the organization ceases its activities;
recorded systematic violation of labor discipline, recorded by acts of the organization, and there is also an act of bringing to disciplinary liability this year;
a gross violation of labor regulations was recorded (for example, the commission found a violation of safety regulations, which could lead to harm to other employees) and there is a written explanation from the employee.

In other cases, the grounds for dismissal are considered:

a personal statement from a father of many children to resign from work (Article 80 of the Labor Code of the Russian Federation) or a written agreement on dismissal by mutual agreement with the employer (Article 78 of the Labor Code of the Russian Federation);
notification issued to the employee 3 days in advance about the termination of the fixed-term contract (Article 79 of the Labor Code of the Russian Federation);
a document that allows you to terminate an employment relationship due to circumstances beyond the control of the parties, for example, medical confirmation of incapacity for work (Article 83 of the Labor Code of the Russian Federation).

A dismissal order is issued and personnel documents are drawn up.

In almost all cases, dismissal requires a special document - an Order (form T-8 or letterhead of the organization), a reference to which is made in the work book and other personnel documents.

The order contains basic information about termination of an employment contract:

date and number of the contract itself;
information about the dismissed father of many children;
a link to the rule on dismissal in the Labor Code of the Russian Federation and a link to the basis document (employee application, liquidation order, etc.).

The employee must familiarize himself with this document and sign for it. Refusal to familiarize yourself is recorded in the act.

In the work book, in accordance with Resolution of the Ministry of Labor of Russia No. 69, the following is filled out:

serial number and date of recording (groups 1 and 2);
reason for dismissal with reference to the norm of the Labor Code of the Russian Federation (column 3);
date and number of the dismissal order (column 4).

The employee must sign the personal card, which also contains information about the dismissal, that the work book has been received.

In addition to the work book, the following are issued:

military ID of a father with many children;
2NDFL income certificate (at the request of the dismissed person);
copy of the Order (also upon request).

A settlement is made with the dismissed father of many children.

In accordance with Art. 127 and 140 of the Labor Code of the Russian Federation, a person dismissed on his last working day is paid the remaining wages and compensation for unused vacation days.

If a father with many children is not fired for committing guilty actions, he has the right, instead of compensation before dismissal, to go on leave, which will be paid in accordance with the general procedure.

When an organization ceases its activities, employees are paid severance pay for the duration of employment (Article 178 of the Labor Code of the Russian Federation):

within 2 months;
for 3 months, if the dismissed person is registered with the employment authorities in a timely manner.

In the event of early dismissal due to the liquidation of an organization, a father with many children will also receive additional compensation for the period remaining from the dismissal until the day of liquidation of the enterprise.

Severance pay is also paid:

upon dismissal by agreement of the parties - in the amount agreed upon by the parties;
upon dismissal due to health reasons - in the amount of average earnings for 2 weeks.

The organization has the right to establish other payments for this category of employees by issuing appropriate local acts.

Dismissal procedure

The procedure for dismissing a parent with many children is as follows:

Issuing a dismissal order . The employer is obliged to familiarize the dismissed employee with such a document against signature. If a parent with many children refuses to put his signature on the dismissal order, this fact is recorded in a separate act (in the presence of two witnesses).
Making a new entry in the work book of a dismissed employee . In the labor section “Information about work” the serial number, date, reason and legal basis for cancellation of the employment contract are written down (for example, “The employment contract was terminated at the initiative of the employee, paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation”). In the subsection “Name” , date and document number” a record is made of the dismissal order (number and date).
Issuance of a work book and final settlement with the dismissed employee on the last day of work . Upon dismissal, a parent with many children is entitled to the following payments - compensation for unused vacation and salary. In case of liquidation of the company, reduction of staff or conclusion of an agreement between the parties, the dismissed person is also paid the corresponding severance pay.

Sample entry in a work book:

When dismissing a parent with many children “under the article”, that is, for violating labor discipline, the employer should conclude an appropriate agreement between the parties with the person being dismissed. In such a situation, the employee or employer first notifies each other in advance of the termination of the employment relationship (by written notice or verbally), and then formalizes the agreement itself.

In such a situation, a parent with many children can receive severance pay and other payments provided by the organization for such cases and specified in the agreement itself.

The agreement of the parties specifies the conditions, legal grounds and day of dismissal of a parent with many children. Next, the employer follows the above procedure for dismissal (fills out the appropriate order, fills out the labor report and makes the final payment).

In the event of the dismissal of a parent with many children in connection with the liquidation of the organization, the manager must notify the dismissed person about this in writing (against signature) 2 months before the day of dismissal (Article 180 of the Labor Code of the Russian Federation). If such an employee works under a fixed-term employment contract, then the dismissal order must be issued no less than 3 days before the end of the contract (Article 79 of the Labor Code of the Russian Federation).

When reorganizing a company (enterprise), the employer is obliged to transfer a parent with many children to work in the new organization. In this case, the employee is not fired, but is offered a new vacant position with the same salary.

Features of dismissal by the employer

When the employer initiates the termination of the contract, he must have certain grounds for this, especially if we are talking about the dismissal of a father with many children. Reasons that can become compelling arguments are listed in Article 261 of the Labor Code of the Russian Federation. It says that preferential categories of citizens (including fathers of many children) can be dismissed at the request of the employer if the employee:

systematically fails to fulfill his job duties;
received several serious reprimands or reprimands;
did not show up for work without a good reason;
came to work under the influence of alcohol or drugs;
disclosed a trade secret to third parties, which caused damage to the enterprise;
was convicted of stealing the organization's property;
used the company's funds for other purposes, resulting in financial damage;
did not comply with safety regulations, which led to material losses at the enterprise or caused harm to other employees or a threat to their lives;
committed an immoral act;
got a job using false information, deliberately misleading his employer.

The list of possible reasons for dismissing a father with many children is quite long. However, if he fulfills his duties in good faith, the employer will not be able to terminate the contract with him on his own initiative. The presence of a misconduct is an argument only if there is evidence on hand. That is, if an employee came to work while intoxicated, this must be documented. Otherwise, it will not be possible to fire him.

Possible reasons

Can a father of 3 or more children be fired for some reason? There are no specific grounds for dismissal of a father with many children, unless they relate to termination of the contract on the initiative of the organization’s management.

Leaving work at your own request (Article 80 of the Labor Code of the Russian Federation) is carried out in accordance with the general procedure , with the submission of an application:

in 2 weeks as a general rule;
1 month if the father of many children is an athlete, coach or is the head of an enterprise;
3 days in advance if he worked under a fixed-term employment contract concluded for 2 months or less.

Termination of employment relations by agreement of the parties (Article 78) implies mutual consent of both the father of many children and his employer. They can agree not only on the timing of dismissal, but also on the payment of severance pay and its amount.

Also, a father with many children can be fired:

due to the expiration of the employment contract, which is notified 3 days in advance;
due to circumstances beyond the control of his will or the will of the employer (permanent incapacity for work based on a medical report, a court verdict implying punishment in the form of imprisonment, etc.).

How to fire a father of many children?

The law is on the side of the beneficiary. The procedure for terminating an employment relationship with a parent with the status of having many children often ends in litigation. Employers have the right to fire if the terms of the employment contract are violated or its termination. If the breadwinner grossly violates the internal regulations of the organization, the administration has the right to fire him, but at the same time must have a good evidence base for such violations. The HR department must notify the breadwinner within 14 days of its intention to deprive him of his job. In other cases, the administration does not have the right to prohibit an employee from working.

Reduction and dismissal of fathers of many children

If there is a reduction in staff at an enterprise, then a father with many children is not immune from dismissal. But it is worth relying on the norms of Art. 179 of the Labor Code of the Russian Federation, which states that employees raising children have the right to preferential retention at work.

But the employer must also comply with all personnel nuances. The employee must be notified 2 months before the upcoming events, and also be offered all available vacancies that correspond to the qualifications of an employee with many children. The employer must offer vacancies until they run out. When there are no vacancies corresponding to the education and qualifications of the employee being laid off, the employer must offer him lower-level and lower-paid vacancies.

Vacancies are offered in writing. The employee signs the notice. If he refuses the offered vacancy, he must write the word “refusal”, but if he agrees, then - “agree”. If the employee does not agree to any of the proposed vacancies, this will be grounds for termination of the employment contract.

Termination of an employment contract with a father of many children on the basis of “reduction in staff” is accompanied by the accrual of generally accepted payments to him. This:

wages for the time actually worked from the beginning of the calendar month until the date of termination of the employment contract;
compensation for unused vacation;
severance pay for 2 months, calculated from the average monthly earnings of this employee for the last year;
if an employee leaves on his own after receiving a notice of staff reduction, the employer must pay him a severance pay in the amount of 3 average monthly salaries;
If, after 2 months from the date of dismissal, the employee does not find a new job (but is officially registered with the employment center at his place of residence), the employer must pay him benefits for the 3rd month.

The employer is obliged to comply with all stages of the procedure for dismissing a father of many children. Otherwise, the latter may file a claim in court and challenge his dismissal. The employer will be obliged to return him to his previous place with the same salary (and if the position is reduced, then restore it to the staffing table), pay for forced absenteeism, and also compensate the dismissed employee for moral damages.

Dismissal of a father of many children in case of violation of labor discipline

If an employee with many children commits a gross violation of labor discipline, then dismissal may be applied to him as a disciplinary sanction. In this case, the employer must act in the same way as when dismissing an ordinary employee.

First of all, you will need to record a violation of labor discipline and require the employee to give an explanation in writing.

The employer should take care to comply with the dismissal procedure in accordance with labor laws. This will avoid further litigation in court. If the employer violates the established procedure for dismissal, the employee has the right to go to court to appeal. In this case, in addition to reinstatement, the employee will also need to pay the average salary for the entire period of forced downtime, as well as a certain amount for moral damage (

Dismissal of a father of many children at the initiative of the employer

Unfortunately, a father with many children is not insured against dismissal at the initiative of the employer. This may happen in the following cases:

inadequacy for the position he holds. Dismissal on this basis can only be based on the results of certification. The employer cannot independently determine that a given employee does not correspond to the position he occupies;
an employee, without a valid reason, evades the performance of his direct duties;
absenteeism, that is, absence from work, without a valid reason, for more than 4 hours in a row;
the employee came to work in a state of alcohol or other intoxication. This fact must be certified by a doctor, and not by the employer himself;
the employee disclosed information that is a trade secret. At the same time, the enterprise must have a provision on trade secrets, and the employee must be familiar with it, that is, he must have signed;
the employee violated labor safety standards;
committed theft in the workplace or caused intentional damage to the employer’s property. This fact must be proven not only by the employer, but also by the competent authorities;
the employee has lost the trust of the employer. It is possible to terminate an employment contract on this basis only with certain employees. For example, with cashiers and storekeepers, that is, with financially responsible persons. But the list of those guilty actions that lead to loss of trust is not established by law;
committing an immoral act if the work of a father with many children is related to the upbringing or education of children;
submitting false documents to the employer.

That is, a father with many children can be fired “under the article” - under Art. 81 Labor Code of the Russian Federation. This article contains the grounds for dismissing employees at the initiative of the employer. However, the presence of these grounds does not relieve the employer of the obligation to properly formalize the dismissal. If an employee comes to the workplace in a state of alcoholic (or other type of) intoxication, then this fact must be certified by doctors, and not by the boss himself. If an employee refuses to undergo an examination, then a report about this must be drawn up, which will be signed by the boss and two witnesses.

Any violation of discipline or work routine is also recorded. For example, an employee is regularly late for work without good reason. The concept of “good reason” is not legally established; this will be decided by the boss himself. But as practice shows, an employee is forgiven for being late if:
the car broke down;
a child or other close relative gets sick;
problems with public transport;
other.
However, if delays occur regularly, the employer has the right to take action. The fact of lateness is also recorded in an act in which the late employee himself, his immediate superior and two witnesses put his signature. If an employee refuses to sign a statement of lateness, a statement of refusal to sign is drawn up.
All documents must be completed correctly so that inspectors do not have doubts about the legality of the dismissal of a father with many children.

When else can a father of many children be fired?

At the employer’s initiative, a father of many children can be dismissed on the following grounds:

In case of inconsistency with the position held;
Gross violation of labor discipline (absenteeism, disclosure of trade secrets, etc.);
For theft;
For committing an immoral act if the employee works with children;
For providing the employer with knowingly false documents.

Thus, the dismissal of a father with many children is possible under Article 81 of the Labor Code of the Russian Federation. At the same time, it is important for the employer to follow the dismissal procedure. In this case, if controversial situations arise, the employer will not have to reinstate the employee and pay him the required compensation. Also, dismissal can be formalized by agreement of the parties. In this case, the employee and employer sign an agreement that provides for a significant payment for the dismissed employee. This type of dismissal can also be issued with a parent with many children (

Protecting the rights of fathers of many children

Often, fathers with many children have to turn to the judiciary and the labor inspectorate to protect their rights. This is due to the fact that employers consider only mothers with 3 or more children to be entitled to benefits. But fathers with many children are also considered a preferential category of workers today.

They face a violation of their rights upon termination of their employment relationship. And then dads with 3 or more minors are reinstated at work, regain the right to an additional 2-week vacation at their own expense, choose a convenient time for the vacation period, and a tax deduction in the company where they work.

The law remains on the side of dads with 3 or more children. It is easy to find out detailed information about the benefits and privileges of this category of workers from local authorities or on the official websites of municipal administrations.

Retrenchment of a father with many children is possible or not

However, even with benefits, the possibility of layoffs for a father with many children cannot be ruled out. This applies, for example, to the moment of liquidation of a company, when pregnant women are forced to leave their jobs. And there are no reasons for their dismissal.

Therefore, of the 2 candidates for layoffs - a father with many children and an expectant mother - the employer has the right to choose the first one. Also, such a dad will receive an affirmative answer to the question whether he can be laid off if his full-time colleagues are more productive or they are more qualified.

When downsizing, a dad with 3 or more children gains:

basis for obtaining another vacancy in the company (enterprise);
provision of one average monthly salary;
receiving compensation if the employer did not announce a layoff 2 months before the act was committed;
granting the right to payment of severance pay for a period of 2 months.

If there is at least one case of infringement of the rights of a father with many children who is laid off, such father is reinstated in his position by the court. He receives material and moral compensation.

Judicial practice on dismissal of fathers with many children

The benefit of an advantage over employees who do not have the status of having many children is not a panacea. A parent does not have the right to do whatever he wants, to violate labor discipline, and in court to appeal with his position as the sole breadwinner and minor children.

Absenteeism

Citizen K., the father of three children, one child under three years old, provided for his family alone. He worked in the carriage depot in shifts. Once he did not show up for work, citing the fact that it was not his shift and he had to look after the children. Although the shift schedule was drawn up, he signed. He didn’t warn anyone, didn’t ask for time off.

The boss registered absenteeism, imposed a disciplinary sanction, albeit in violation of the procedure, and then the court overturned it. And he fired K.

A lawsuit was filed. The court sided with the boss.

Positive characteristics, small children and a non-working spouse could not convince him. This court decision could only be challenged through an appeal. And partially soften the decision, but employee K. was not reinstated in his position.

Wife on maternity leave

Citizen N. was dismissed from the internal affairs bodies upon reaching the age limit. Although other employees of the same age were retained. At that time, N. had 5 children, including those under three years old. The wife was on maternity leave.

A claim was filed. N. is a father of many children and, as he thought, the only breadwinner in the family; his wife did not work at that time.

But the court did not consider the decree to be a lack of labor relations. And he left the claim without satisfaction.

Staff reduction

Employee M. worked as a janitor; his position was laid off. M. was notified two months in advance, he was offered the position of a cleaner, but he refused, which is certified by his signature.

M. is a father of many children, but his wife worked and was not on maternity leave. The court considered this a sufficient basis and did not satisfy the plaintiff's demands. Since the management had no other work, and M. himself refused the only position offered.

At the same time, the wife worked unofficially. M. didn’t bother to get a certificate from the entertainment center that his wife doesn’t work.

Cases from personal practice show that the status of a father of many children is not a safe-conduct from all troubles and layoffs .

It is important to approach the legal process with full responsibility, if you are planning to file a claim against your employer, listen to specialists, which greatly increases the chances of winning.

Legal side

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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The phrase “two-week work” is completely incorrect. Based on Article 80 of the Labor Code of the Russian Federation, the employee must notify his director of his intention to terminate cooperation.

Articles on the topic (click to view)

Federal Law 138 on State support for large families
Refinancing mortgages for large families in 2020
Expanding housing conditions for large families in 2020
Rights and labor benefits for mothers of many children at work
The right to early retirement for mothers of many children
State assistance in repaying mortgages for large families in 2020.
State assistance to large families when purchasing an apartment

According to generally accepted rules, leaving work without “working off” is impossible: first of all, an application is submitted in writing (it must indicate the basis and reference to the legal acts).

After this, the employer is given two weeks (they begin the day after the employee submits the application) to settle accounts with the resigning employee and find a new person to fill the vacancy.

But practice shows that this formality is not always fulfilled.

Employer's liability for illegal dismissal

The illegal dismissal of a father with many children is equivalent to a violation of labor laws, regardless of the grounds for termination of the contract. Management and the enterprise are held accountable. For the former, the fine can reach 5,000 rubles, for the latter – up to 50 thousand rubles. In addition, the activities of the organization - in rare cases - are suspended for up to three months.

In case of repeated serious violations, the size of the sanctions is increased up to the initiation of a criminal case (imprisonment, ban on engaging in certain professional activities, other options).

The status of a father with many children allows him to receive some privileges and social protection. First of all, to save your job. Unjustified dismissal is unacceptable. If the management of an enterprise exerts pressure and forces you to terminate an employment contract, you must contact the labor inspectorate, the prosecutor's office, or the court. The employee has the right to protect his interests and provided benefits by any available means.

Sources

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