Dismissal of a mother with a minor child in 2020

The dismissal of a mother with a minor child should be carried out taking into account not only labor, but also family legislation. Before terminating an employment contract with a woman raising a child under the age of 14, the head of the organization must accurately determine the status of the employee, and also take into account all the benefits provided by the Labor Code of Russia. If an employee with minor children is illegally dismissed, the head of the organization may be held accountable, followed by a fine.

Legitimate reasons for dismissal

Employees with small children have certain labor protections that provide them with strong legal protection. However, there are a number of cases when even they are not able to protect a woman from dismissal.

In accordance with Art. 261 of the Labor Code of the Russian Federation, the reason for the legal dismissal of an employee raising a child under 18 years of age may be:

Dissolution of the enterprise. If a company ceases to exist, then it does not need employees.
Getting a job and/or promotion using fake documents. Important! This offense entails not only dismissal, but also administrative punishment.
Failure to fulfill job duties, recorded in the form of a reprimand or disciplinary action.
Change of owner of the organization's property.
Inconsistency with the work performed or position held due to insufficient qualifications. Important! Conclusions about this can only be drawn on the basis of the certification results.
Committing actions that cause reputational or material harm to the company:

Dissemination of secret or classified information;
Theft, embezzlement of property belonging to the enterprise, or committing actions that led to financial losses.

Failure to comply with labor protection, resulting in serious consequences (accidents, accidents, disasters, etc.).
Violation of discipline. If an employee appears at the workplace in a state of intoxication (alcohol, toxic or drug), he can be fired even if he has minor children. Important! Many believe that one violation of production and labor discipline is not enough to be fired. In fact, such situations arise quite often. The main thing is that all of them are correctly documented (in the form of acts, protocols or memos).
Loss of trust from the employer.
Commitment of immoral acts by an employee performing educational functions.
Regular absences. If a subordinate was not at work the whole day or did not show up for work within 4 hours from the start of the shift, the management of the enterprise has every right to initiate the dismissal procedure. Important! If the employment contract does not clearly define the employee’s workplace, then his absence from work for a certain period of time cannot be considered as absenteeism. However, in this case, the person must be on the territory of the enterprise!

It should also be noted that an employer cannot fire an employee during a period of vacation or temporary disability . The only exception is the liquidation or dissolution of the organization.

All other actions are illegal and can be appealed in court no later than 1 month from the date of dismissal (Article 392 of the Labor Code of the Russian Federation).

When initiating the dismissal of an employee, the head of the enterprise is obliged to submit documents that confirm the validity of the termination of cooperation.

Drawing up orders and filling out personnel documents.

The administrative document is issued and published according to the standard scheme. There is a special T-8 form for this.

However, we must remember that a dismissal order can be drawn up only after the employee has been notified in advance about it.

A correctly completed document must include the following information:

layoff day
Company name,
personal data of the employee: full name, personnel number, position, department,
reason for dismissal - due to reduction,
links to laws
number and name of the Order according to which it is lawful to carry out this action,
date of drawing up the Order,
signature of the single mother confirming that she has read the paper,
list of responsible people and their signatures.

A single mother will be issued a work book on her last day of work. Before doing this, the HR department is required to make a record of the reduction in it.

The entry must contain:

date of drawing up the administrative document,
his number,
link to the relevant law,
reason for dismissal.

Upon receiving the work book, the employee must sign in the internal paper register. This is proof that the document was issued to the owner.

Note! At the same time, HR department employees enter all the information into the employee’s personal file. Recorded: date, reason for leaving, order number.

Rights of a single mother: at work, to alimony, to vacation.

Can an employee with a small child be laid off?

Can a single mother with a minor child be laid off? Russian legislation (Article 261 of the Labor Code of the Russian Federation) prohibits “reducing” subordinates if:

They independently raise a child under 14 years of age;

The family has several children under 18 years of age.

If a woman with a minor child has been laid off, but another employee who does not have such benefits has retained her job, she can seek help from judicial or supervisory authorities.

Since we are talking about a violation of labor laws, the woman will not only be reinstated in her job, but will also receive a salary for the days on which she was absent.

If the layoff has not yet occurred, but the employee has already been warned about it, she can defend her rights in the labor inspectorate.

If the dismissal does take place, an appeal to the labor inspectorate will testify in favor of the victim.

In addition, the labor inspector will be obliged to provide her with full legal assistance.

When a staff reduction occurs due to the cessation of work of an enterprise, the employer is obliged to provide the dismissed employee raising a minor child with an alternative vacancy that will correspond to his qualifications and salary.

If such options are not available, the employer may offer a position with a lower salary level. If there is no such job or the person refuses the offered vacancy, the company terminates the employment contract.

At the same time, it pays the following compensation to the laid-off employee:

Severance pay in the amount of the average monthly salary;
Salary for the last working days;
Payment for rest days;
Compensation in the amount of average monthly earnings until you are hired for another job (but not more than 2 months from the date of dismissal). In some cases, this period is extended to 3 months - this decision can only be made by the employment service.

On a note! Sometimes, in order to retain more jobs, the enterprise establishes part-time work. But don’t be fooled – this is a forced measure that only lasts for six months.

Staff reduction algorithm

In order to lay off an employee and avoid certain sanctions for implementing such an unpopular measure, this must be done in accordance with the labor relations concluded between the organization and the employee. And the main legal basis here is the employment contract . The latter can be indefinite or concluded for a certain period.

But regardless of the specifics of the employment agreement, the management of the organization always considers all possibilities for early termination of labor relations with employees. Most often you have to think about this when there is an urgent need to reduce staff. In practice, management has to resort to reductions when necessary:

reduce the number of personnel to optimize the enterprise’s activities;
cut unnecessary positions;
reorganize the company;
completely liquidate the legal entity.

Whatever the reasons forced to resort to staff reduction, management in any case must promptly notify the employee, and this must be done no later than 2 months before the day of dismissal.

Depending on what kind of reduction the employee fell under, his further actions will be determined. This especially needs to be taken into account if the company’s management is considering the possibility of laying off employees raising minor children. Here it is important to do everything correctly and without haste, so as not to commit unlawful actions against personnel.

Dismissal at your own request

If a woman intends to terminate the employment contract of her own free will, she must notify the employer of this within 14 days (Article 80 of the Labor Code of the Russian Federation).

By accommodating the mother, management can dismiss her without working for 2 weeks if she has minor children.

On a note! When resigning at her own request, a woman can ask that the following entry be made in her work book: “dismissed due to caring for a child under 14 years of age.”

This is a completely justified requirement, which gives the right to benefits when registering with the Employment Center.

Deduction when calculating an employee: grounds and size

For citizens working under an employment contract and having children, the following rules apply:

The usual personal income tax rate is 13%.
If you have minor children, you are entitled to a tax deduction.

Upon dismissal, tax deductions apply in the following amounts (Article 218 of the Tax Code of the Russian Federation):

for the first and second child – 1400 rubles;
for the third and each new one - 3000 rubles;
for a disabled person – 12,000 rubles;
for a student, graduate student, resident, intern, if there is a disability of group I or II, and the age is not more than 24 years - 12,000 rubles.

The nuances of dismissal of women with minor children

Restrictions on dismissal of women largely depend on the age of the child - the younger he is, the greater the degree of protection she has.

Children under 3 years old

For workers caring for children under 3 years of age, there are a number of guarantees.

On the basis of Article 256 of the Labor Code of the Russian Federation, their position is retained even in the event of staff reductions and other personnel changes (the only exceptions are serious offenses or guilty actions).

In addition, such workers have the right to interrupt their vacation early, apply for part-time work and work from home while maintaining their salary (Article 256 of the Labor Code of the Russian Federation).

Children under 14 years old

Based on Art. 261 of the Labor Code of the Russian Federation, the dismissal of a mother raising a child from 3 to 14 years old is allowed only in special cases (for example, for immoral behavior).

In addition, such workers may demand a reduction in responsibilities and the establishment of a part-time work shift/week.

Mother of a disabled child

According to Art. 261 of the Labor Code of the Russian Federation, an employer does not have the right to dismiss the mother of a disabled child until he turns 18 years old.

Termination of an employment contract is possible only if the enterprise is liquidated or the woman commits serious offenses.

Two or more children

Can a woman with two minor children be fired??

According to the law (Article 179 of the Labor Code of the Russian Federation), an employee raising two or more children has a significant advantage over her colleagues:

She is not subject to staff reduction even when the children are already 18 years old, but have not yet managed to get a job;
She cannot be fired if she is the only breadwinner in the family (the father is not employed).

Single mothers

Is it possible to fire a single mother with a minor child from her job? In accordance with Article 261 of the Labor Code of the Russian Federation, she cannot be dismissed until the latter turns 14 years old.

All of the above guarantees are valid only until the child turns 18 years old.

As you can see, our state has created all the conditions so that employees with small children do not worry about unjustified loss of work and feel protected.

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Do I need to work 2 weeks?

Art. 80 of the Labor Code of the Russian Federation indicates that upon dismissal at will, an employee must work for at least 14 days, unless the employer agrees to dismiss him earlier. But are there any benefits for parents here?

The legislation indicates that without compulsory service, an employment contract can be terminated by:

Persons in respect of whom the employer violated labor law standards.
Persons who, for objective reasons, cannot continue working.

The latter may include parents if the need to care for a child prevents them from being able to work full time (dismissal for child care is discussed in more detail here). However, for this it is necessary to have supporting documents.

Can a mother of two children be fired from her job?

According to the law, if you have 2 minor children, they cannot fire you. But this does not mean that you should be given concessions. After all, you work full time. And as practice shows, if they want to fire such an employee, they always find a way, unfortunately.

If this job is dear to you, you like the work, the team is normal, the earnings are decent, then of course it is better to organize your life so that there are no conflicts at work. In order not to lose such a good job, I had to look for a nanny - I couldn’t sit on sick leave, they accommodated me by the hour, but I couldn’t not work at all. Or dismissal.