Art. 261 TC RF with comments, simple words

Today will be studied art. 261 TC RF with comments. This point points to an important point - the termination of the contract with women who either raise a minor child to a year and a half, or are in an "interesting position." The thing is that they are not very fond of dealing with such employees. Problems with the employer arise a lot. And most of the features are spelled out in article 261. What are the rights of pregnant women? Why prepare for the employer? All the features of the termination of the labor agreement with women in an "interesting situation", read on!

Employer Initiative

Article 261 of the Labor Code of the Russian Federation with comments (and without them) first of all points to a case that is often used by employers. But not with respect to subordinates with pregnancy. The thing is that, according to the established laws, the chief has the right, on his own initiative, to cease the relationship with any employee for one reason or another.

But not with regard to pregnant employees. Art. 261 TC RF (with comments) dictates the impossibility of dismissing a woman during her pregnancy. That is, even if a citizen does not do a good job, you can not be removed from the performance of her duties on her own initiative. True, there are exceptions.

Elimination of

For example, the cessation of activity as an IP. In Art. 261 TC RF (with comments and without them - it's not so important) there are only two possibilities for termination of the contract with the pregnant woman on the initiative of the employer. The first case - when the boss was an entrepreneur, and now he stops his activities. In this situation, it is possible to terminate the employment relationship. After all, in fact the employer is simply eliminated, it will not exist.

Also, Article 261 of the Labor Code of the Russian Federation (with and without comments) regulates the fact that between the head and the pregnant woman in case of liquidation of the company, the earlier concluded agreement on the performance of official duties can be terminated. The meaning of this action is similar to the abolition of IP - the corporation ceases to operate. Accordingly, the workers do not need her.

Expiration of the contract

What other features should I pay attention to? Legislation of Russia protects the rights of pregnant women. It turns out that no one can just fire such an employee. What if a fixed-term contract was concluded with a subordinate?

This situation is ambiguous. Art. 261 TC RF with comments indicates that if the agreement concluded between the employer and the employee comes to an end, the first can dismiss the citizen. But he has no right to refuse the extension of this agreement, if the pregnant subordinate herself wants it.

How to express this point in simple words? When an urgent labor contract comes to an end during the pregnancy of a female employee, the latter has the right to write on its own initiative an appropriate statement that will show the desire to extend the contract until the end of the "interesting situation".

Quite often the employer provides maternity leave. If it is a question of termination of the employment contract due to the onset of the date of termination, in this case the extension of the relationship between the employee and the head must be extended to the end of the "legal rest".

Pregnant women must provide medical reports on the state of health (in fact - on the course of pregnancy). This is done at the employer's request, but no more than once in a trimester (every 3 months).

Fixed-term contract and actual work

But here there are certain features. Which ones? It is already clear that if the labor agreement comes to an end, the employee can extend it either until the end of pregnancy, or until the end of the leave associated with caring for the baby. It all depends on the situation. Only this does not cancel the possible dismissal.

Why? Article 261 of the RF Customs Code (with comments) indicates that if a subordinate fulfills his duties even after pregnancy, the employer can terminate business relations with her because of the expiry of the term of the labor agreement.

There are some time limits. The chief will have only a week from the day when he had to learn or actually found out about the termination of the pregnancy of a subordinate. These are the rules currently in force in Russia.

Instead of others

It often happens that a fixed-term contract is concluded with an employee who will work instead of a temporarily absent employee. This fact should be taken into account. Especially when it comes to a pregnant subordinate.

After all, in this case, the boss has the full right to terminate the agreement. Just do not rejoice so quickly - if the pregnant woman wrote a written consent to transfer to a less paid position, to terminate the employment relationship is prohibited.

With all this, art. 261 TC RF (with comments and without them) forces the employer to offer vacancies to women workers without fail. True, a woman must cope with job duties for health reasons. For example, it is impossible for a pregnant woman to offer a job as a loader.

Leave and breadwinner

What else should I pay attention to? Art. 261 TC RF with the comments (part 3) indicates the specifics of the dismissal of a pregnant woman who was hired on someone's place temporarily. It turns out that the employer is able to remove the subordinate from the official duties, but before that he is obliged to offer the employee a less senior or less paid position. If it is refused, there is an official possibility of terminating the agreement on labor.

And what if the woman is the only breadwinner in the family? Provided that she has a child under 3 years old or a disabled child. Or if the mother cares for a young child (citizen under 14 years). In this situation, the employer again receives restrictions on actions. The whole point is that if the second parent of the child does not have an employment relationship, the mother-nurse can not be dismissed on her own initiative. Except as previously provided.

Own wish

Nevertheless, the comments on Article 261 of the Labor Code indicate that the employer does not always have to put up with pregnant women at work. The thing is that the boss on his own initiative can not terminate the employment relationship with a subordinate who is in an "interesting position." This is understandable - girls in Russia are trying to protect. During pregnancy and child care, this category of citizens is in a vulnerable position.

But what if a woman decides to leave her own job? All in the article under study there are no references to cases in which it is proposed to terminate labor relations on the initiative of a pregnant woman.

It's simple - the women in this case have the right to leave the post. That is, if an employee who is in an "interesting position" decides to quit, she has the right to do so. The main thing is that the employer receives an appropriate application in which will be written "Dismissal at will". There are no other simple solutions to the question posed.

About earnings

Some are interested in earnings. After all, during a pregnancy, citizens often lose their full capacity for work. So, they work worse. In the Labor Code, there are even norms indicating the rights of pregnant women to easy work and part-time work. In fact, citizens start to work worse and less in duration. It is logical to assume that their earnings should fall.

But it's not so simple. What does Article 261 of the RF Customs Code provide for (comment)? The size of indexed wages can be reduced. But only by personal agreement with the employee. And in exceptional cases.

What does it mean? The employer is obliged to keep the previous earnings for the pregnant woman. The only exceptions are cases when the head suggested that the employee move to a different position with less earnings in the event of the termination of the term contract concluded for the period of absence of one of the previous cadres. Only with the written consent of the employer is the right to reduce earnings. In practice, this is extremely rare.

Not for all

What else do the comments to Article 261 of the LC RF indicate? With the comments, some features of certain laws in force in the country are revealed. It has already been said that if a mother cares for a minor child or a disabled child, and if she has children under the age of three, then no one can dismiss such an employee. This is how the article regulates.

At the same time, it violates the equality of all employees. Why? The Labor Code stipulates that the only breadwinner represented in the person of a woman with children can not be dismissed on the initiative of the employer. And at the same time, nothing is said about the father, who can also take care of minors at the same time, and work, and be the only earner of money. It turns out that women have more rights.

Pleasant exceptions

And the employer does not actually become powerless. He is not able to dismiss the pregnant woman by law if she did not express her desire to stop the performance of her official duties. Just do not be upset. After all, the comments on Article 261 of the Labor Code of the Russian Federation have several points where it is possible to circumvent the established rules for legal reasons. What is it about?

The thing is that you can dismiss any subordinate in the liquidation of an organization. And this rule applies even to pregnant women. This has already been said. What's next? In the comments to the article of the Labor Code of the Russian Federation, several other points are mentioned, which make it possible to remove even a woman in an "interesting position". Which ones? It:

1. Repeated failure to perform official duties without good reason.
2. Several acts committed several times that violate the procedures established by the employment contract.
3. If an employee working in the field of education, will commit an immoral act.
4. The use of violence (physical or psychological) to employees of educational and educational institutions in relation to students.

For all of the above reasons, you can dismiss any frame. Even a pregnant woman. The main thing is to have proof of committed violations. The main task of the employer in this case is to prove the unlawful actions on the part of the subordinate.

Not only for pregnant women

What else do you need to know about the issue you are studying? Art. 261 TC RF with comments - the guarantor of the protection of women's rights in case of dismissal in certain cases. Legislation of the country, the above features are envisaged not only for girls in an "interesting position." Who else falls under the action of the article? It:

1. Firstly, they are citizens who have children who have not reached the age of 3 years. Especially if the second parent does not work officially.
2. Secondly, the girls who take care of the newborn to 1.5 years.
3. Third, employees who care for children with disabilities or who have minor children in the care of minors.

Accordingly, all other citizens can not use these privileges. What else do the comments to Article 261 of the Labor Code of the Russian Federation indicate? There are some features that were not previously considered, but extremely important for the employer.

Responsibility of the chief

Comments of art. 261 TC RF - this is what helps to fully understand the termination of labor relations with the head of the pregnant woman. It turns out that the employer does not have the right to independently terminate the contract entered into earlier with the girl. Unless in exceptional cases, which in practice are extremely rare. But if an employee who is in an "interesting position" will independently write a letter of resignation and indicate there as a reason "on her own", you can completely remove her from performing her job duties.

What if the employer violates the statutory rules? He should be complained about. After that, the boss, who disobeyed the rules established by the Labor Code of the Russian Federation, faces a certain punishment. This is a payment of a fine in various sizes.

How much to pay? That's a moot point. Article 261 of the Labor Code of the Russian Federation (there is a comment or not - it does not matter) provides for a pecuniary penalty of up to 200,000 rubles. But this is by no means the only form of responsibility entrusted to the employer. Instead of a fine, he can be sentenced to public works, expressed in compulsory labor for up to 360 hours. Or to collect in favor of the pregnant woman the earnings of the employer for 1.5 years. The punishment will be appointed by the court on an individual basis.

In which cases is it really necessary to be afraid of this responsibility? If the employer:

1. Refuses without good reason to hire a pregnant woman. Every citizen has the right to work. And pregnancy is not a hindrance to work. The main thing is that the vacancy should correspond to the state of health of the potential employee.
2. Dismisses on his own initiative a pregnant woman without good reason.
3. "Surviving" the worker from a place and in every possible way forces her to write a leave at her own request.
4. Does not employ girls with young children. Here there is an exception - in the presence of strong arguments for the refusal, there will be no liability on the employer.

Now it is clear what is envisaged in Art. 261 TC RF comments. The size of indexed wages can not be reduced because of the employee's pregnancy. This is possible only on its own initiative or with written consent. In general, pregnant women should know their rights when they leave. Only then will it be possible to achieve justice. If a citizen was fired or forced to resign independently, you can complain to the boss. Unfortunately, in Russia many employers try to violate the rules established by Article 261 of the Labor Code of the Russian Federation. In this situation it is necessary to uphold the rights of a woman who is in an "interesting" position up to the end.