Reduction of a mother with a disabled child. Retrenchment of an employee whose child is disabled

In accordance with Article 261 of the Labor Code of the Russian Federation

Termination employment contract with single mothers raising a child under fourteen years of age (a disabled child under eighteen years of age), at the initiative of the employer is not allowed (except for dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of part one of Article 81 or paragraph 2 Article 336 of this Code).

Article 261. Guarantees for pregnant women, women with children, and persons raising children without a mother upon termination of an employment contract (as amended by Federal Law No. 90-FZ of June 30, 2006) Termination of an employment contract at the initiative of the employer with pregnant women is not allowed , with the exception of cases of liquidation of an organization or termination of activities by an individual entrepreneur. If a fixed-term employment contract expires during a woman’s pregnancy, the employer is obliged, upon her written application and upon provision of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of the pregnancy. A woman whose employment contract was extended until the end of her pregnancy is obliged, at the request of the employer, but no more than once every three months, to provide medical certificate, confirming the state of pregnancy. If the woman actually continues to work after the end of her pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day the employer learned or should have learned about the end of the pregnancy. It is permissible to dismiss a woman due to the expiration of an employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of an absent employee and it is impossible, with the written consent of the woman, to transfer her to another job available to the employer before the end of her pregnancy (a vacancy position or a job corresponding to qualifications of the woman, and a vacant lower position or lower paid job) that the woman can perform taking into account her state of health. In this case, the employer is obliged to offer her all the relevant specified requirements vacancies available to him in the locality. The employer is obliged to offer vacancies in other locations, if so provided collective agreement, agreements, employment contracts. Termination of an employment contract with women who have children under three years of age, single mothers raising a child under fourteen years of age (a disabled child under eighteen years of age), other persons raising these children without a mother, at the initiative of the employer is not allowed (with the exception of dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of part one of Article 81 or paragraph 2 of Article 336 of this Code). Article 81. Termination of an employment contract at the initiative of the employer An employment contract may be terminated by the employer in the following cases: 1) liquidation of the organization or termination of activities by an individual entrepreneur; (as amended by Federal Law No. 90-FZ of June 30, 2006) 2) reduction in the number or staff of the organization’s employees, individual entrepreneur; (as amended by Federal Law No. 90-FZ of June 30, 2006) 3) the employee’s inconsistency with the position held or the work performed due to insufficient qualifications confirmed by certification results; (clause 3 as amended by Federal Law No. 90-FZ of June 30, 2006) 4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant); 5) repeated failure to comply an employee without good reasons labor responsibilities if he has disciplinary action; 6) one-time gross violation employee of labor duties: a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row in during the working day (shift); (as amended by Federal Law No. 90-FZ of June 30, 2006) b) the employee’s appearance at work (at his workplace or on the territory of the organization - employer or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcohol, drugs or other toxic intoxication; (clause “b” as amended by Federal Law No. 90-FZ of June 30, 2006) c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee; (as amended by Federal Law No. 90-FZ of June 30, 2006) d) theft (including small) of someone else’s property, embezzlement, intentional destruction or damage at the place of work, established by a court verdict or a judge’s decision that has entered into legal force, body, official authorized to consider cases of administrative offenses; (as amended by Federal Law No. 90-FZ of June 30, 2006) e) violation of labor protection requirements by an employee established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (industrial accident, accident, catastrophe ) or knowingly created real threat the occurrence of such consequences; (as amended by Federal Law No. 90-FZ of June 30, 2006) 7) commission of guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer; 8) an employee performing educational functions has committed an immoral offense that is incompatible with the continuation of this work; 9) making an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization; 10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties; 11) the employee submits false documents to the employer when concluding an employment contract; (as amended by Federal Law No. 90-FZ of June 30, 2006) 12) lost force. - Federal Law of June 30, 2006 N 90-FZ; 13) provided for in the employment contract with the head of the organization, members of the collegial executive body of the organization; 14) in other cases established by this Code and other federal laws. The procedure for conducting certification (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing standards labor law, local regulations, adopted taking into account the opinion of the representative body of workers. (Part two as amended by Federal Law No. 90-FZ of June 30, 2006) Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (as a vacant one). position or work corresponding to the employee’s qualifications, as well as a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. (Part three as amended by Federal Law No. 90-FZ of June 30, 2006) In the event of termination of the activities of a branch, representative office or other separate structural unit organization located in another location, termination of employment contracts with employees of this unit is carried out according to the rules provided for cases of liquidation of the organization. (Part four as amended by Federal Law No. 90-FZ of June 30, 2006) Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article in cases where guilty actions giving grounds for loss of trust, or, accordingly, an immoral offense have been committed by an employee outside the place of work or at the place of work, but not in connection with the performance of his job duties, is not allowed later than one year from the date of discovery of the misconduct by the employer. (Part five introduced by Federal Law No. 90-FZ of June 30, 2006) It is not permitted to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary disability and while on vacation. (Part six introduced by Federal Law No. 90-FZ of June 30, 2006)

In this case, indirect confirmation can be an extract from an individual personal account in Pension Fund RF indicating that the receipts pension contributions to the account of this citizen did not have. This also presupposes his lack of income. The right of a citizen to receive such an extract is ensured by Art. 14 of the Federal Law of July 27, 2006 N 152-FZ “On Personal Data”. This circumstance can also be confirmed by a court decision to establish a fact of legal significance (in in this case- the fact of absence of status in labor relations), in accordance with clause 10, part 2, art. 264 Code of Civil Procedure of the Russian Federation.

They won't drive us away

Personnel officer. ru", 2013, N 4 NEW GUARANTEES PROVIDED BY ARTICLE 261 OF THE LABOR CODE Among major changes in the labor legislation of 2012 - the establishment of guarantees for vulnerable categories of workers upon dismissal at the initiative of the administration. Before the adoption of the Law amending the previous norm, the circle of persons who were provided with a guarantee of job security included only women with a child under 3 years of age and single mothers raising a disabled child under 18 years of age or healthy children under 14 years of age. Now fathers (or other legal representatives of the child) are also protected: with the adoption of the amendments, parents of young children, as well as disabled children, are provided with equal opportunities in the work process.
Let's look at these innovations and some questions that arise when applying the new rule. In 2012, clearly lagging behind the realities labor relations Art.

Parents of a disabled child: labor rights and benefits

A reduction in staff or number of employees is a legal reason for terminating an employment contract at the initiative of the employer, Rostrud explained to RG-Week. It is provided for in paragraph 2 of part one of Art. 81 Labor Code of the Russian Federation. If an employee falls under this “sword of Damocles,” there is, as a rule, nothing to oppose to the authorities.
And yet, for some categories of workers, the Labor Code provides for increased protection measures. Which ones exactly - Rostrud experts explain. Who should not be “redundant”? Termination of an employment contract is not permitted:

  • if the employee has a child under three years old;
  • if an employee is raising a child under 14 years of age alone, and if the child has a disability, then the age increases to 18 years;
  • if an employee the large family(three or more young children), incl.

Can the mother of a disabled child be laid off?

Civil Procedure Code of the Russian Federation, which states that each party to a civil process must prove the circumstances to which it refers as the basis for its claims and objections. Consequently, an employee who wishes to take advantage of a guarantee or benefit has the obligation to document his right to it. In connection with the above, such an employee must notify the employer both of his large number of children, including the presence of a dependent child under the age of three, and of the absence of work for the mother of these children, who is busy raising them.

Is it possible to lay off the mother of a disabled child in Ukraine?

Code).” Thus, a single mother (father, other person) raising a disabled child cannot be dismissed due to a reduction in staff or number of employees (such grounds for dismissal are provided for in paragraph 2 of part 1 of Article 81 Labor Code RF). In accordance with Article 179 of the Labor Code of the Russian Federation, when reducing the number or staff of employees preemptive right to remain at work is granted to employees with higher labor productivity and qualifications.
If, for example, the dependent is the employee's spouse, then you may need to: ITU certificate about disability; spouse's work record; certificate from employment authorities. Single father Workers raising a child without a mother have some immunity from layoffs. According to the clarifications of the Supreme Court of the Russian Federation (Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the first quarter of 2010, approved.
by the resolution of the Presidium of the Supreme Court of the Russian Federation dated June 16, 2010), an employee can be recognized as such, regardless of the specific case, as a result of which the child’s mother stopped caring for him.
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Can the mother of a disabled child in a complete family of the Republic of Belarus be laid off?

To confirm his benefits, the employee must submit the following documents: - birth certificates of children; — conclusions of medical and social expert commission- if necessary; — certificate of family composition; - a work book issued for the mother of a child under 3 years of age, with no information about work (or a certificate from the employment service about her registered status); — an extract from an individual personal account with the Pension Fund of the Russian Federation, indicating the absence of receipt of pension contributions, etc., or provide the information necessary to establish the benefit. Thus, the employee can prove his rights to the guarantee established by Part 4 of Art. 261 of the Labor Code of the Russian Federation, using the methods described above.

Can the mother of a disabled child in a two-parent family be laid off?

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Dismissal of a mother with a disabled child during layoffs Retrenchment (that is, the elimination of jobs), according to the law, cannot become a reason for an employee with a disabled child to be fired. However, what to do if the old position is no longer needed? The answer is simple - the employer must either provide the employee with new position at the old place, or a similar position at another workplace. He simply does not have the right to fire her. The translation process itself is very simple:

  • The employee is given a letter informing her of the layoff;
  • The employee contacts the HR department and receives a list of positions and places to which she can be transferred;
  • The employee chooses a place of work and a transfer order is issued to her.

It is at the stage of determining a new place and working conditions that the mother may encounter difficulties.

Can a parent of a disabled child be laid off?

Working conditions for disabled people: reduced working hours for workers with disabilities of group I or II - no more than 35 hours per week (Article 92 of the Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation)); the right to annual paid leave of at least 30 calendar days and leave without saving wages up to 60 calendar days a year (Article 23 of the Federal Law “On social protection disabled people in the Russian Federation" and Art. Legal consultation in Belarus - According to Art. 28 of the Labor Code of the Republic of Belarus dated July 26, 1999 No. 296-Z, termination of an employment contract at the initiative of the employer with pregnant women, women with children under three years of age, single mothers with children aged three to fourteen years (children -disabled persons - under eighteen years of age), is not allowed.

Retrenchment of an employee who is the parent and sole breadwinner of a disabled child

After all, some positions require relocation, advanced training, or something else that the employee is not ready for. In this case, she may be offered dismissal at will. Only in this way will she be able to be fired during a layoff - with her own written statement.


What to do if the employer fired you illegally? In this case, the mother can act in three different ways:
  1. Resolve the issue peacefully with the employer;
  2. Contact the labor inspectorate;
  3. File a lawsuit.

In the first case, you will need to contact the organization’s management, and not the HR department. The mother will need to find out the reason for the dismissal and confirm the fact that she has a disabled child with appropriate documents. If an error occurs, the manager will be obliged to cancel the order.

Father's dismissal

Having a disabled child in the family can create a lot of difficulties for parents. After all, he may require constant supervision, medical procedures, visiting rehabilitation and treatment centers. And all this takes time and, most importantly, money.

The state provides a variety of support for people with disabilities, providing them with benefits and payments, but often they are simply not enough. This is the reason why the mother of a disabled child begins to look for work. This is where the question arises: can an employee who has a disabled child in their care be fired? After all, he still needs care, and caring for a disabled person when they are threatened with removal from his position is very difficult.

And will such an employee receive any benefits? We will talk about all this in our article.

Can someone with a disabled child be fired?

Attention

Exceptions to the rule about the impossibility of terminating an employment contract at the initiative of the employer include cases of liquidation of the organization or individual entrepreneur - the employer, as well as cases of violations by the employee himself. labor discipline or his culpable actions. By virtue of Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application of the Labor Code of the Russian Federation by the courts of the Russian Federation,” an employee dismissed without legal basis or in violation of the established procedure for dismissal, is subject to reinstatement to the previous job. By virtue of Art. 394 of the Labor Code of the Russian Federation, if the dismissal is declared illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute.


The body considering an individual labor dispute makes a decision to pay the employee the average salary for the entire period of forced absence or the difference in earnings for the entire period of performing lower-paid work.

Dismissal and layoff of the father of a disabled child

Thus, it is prohibited to terminate an employment contract with single mothers with children aged three to fourteen years (disabled children up to eighteen years old) due to a reduction in the number or staff of employees. But in the resolution Supreme Court RB “On some issues of the application of labor legislation by courts” it is noted that single mothers, who are subject to the guarantees provided for in Article 268 of the Labor Code, should include women who are not married and have children, in whose birth certificate an entry about the father is made in the prescribed manner at the direction of the mother, as well as widows (widowers) who have not entered into a new marriage and raising minor children. If you are a single mother, then the employer does not have the right to fire you due to a reduction in the number or staff of employees.

Info

Go to mobile version For the site to work correctly, you must enable JavaScript support in your web browser settings. Question - answer If your question concerns activities legal entities, you can ask it in the Expert Council - a new PPT project for solving accounting and legal issues business. Dismissal and layoff of the father of a disabled child Can a parent of a disabled child be laid off? The question relates to the city of Yalta Answers: February 8 16:32 Hello! They cannot if the child is under 18 years old and you are the sole breadwinner of a disabled child Article 261. Guarantees for a pregnant woman and persons with family responsibilities upon termination of an employment contract...

Can a father be laid off if the child is disabled?

Dismissal of an employee during liquidation of an enterprise Another reason for removing an employee from her position may be the closure of the enterprise. Please note that this means the complete liquidation of the company, and not the reduction, closure of a branch, or its sale to another person. At the same time, the dismissal operation itself will not greatly depend on whether the employee is caring for a disabled child or not.
First of all, you will need to provide written notice that the company is ceasing to operate. Next, you will need to sign the appropriate document stating that the notice was received and read. After this, the mother will only have to complete the deadline, receive payments (salaries, bonuses, compensation, etc.) and the entire package of documents that was kept by the employer.
What worries me is that the organization has remained the same, but has changed its activity profile, and it seems as if my place is no longer there and there is no work for me (as they tell me). But the employees with whom I worked before were transferred to another organization (different name), which continues to do the same thing as before when I went on maternity leave. Can a man who has a child under 3 years old be fired? They can, but the Labor Code of the Russian Federation does not provide for any benefits.
The only thing is that in case of staff reduction with equal labor productivity and qualifications, preference in remaining at work is given to: family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is constant and basic for them source of livelihood) (Art.
Table of contents:

  • 9236 Do they have the right to fire a mother raising a child who has been disabled since childhood?
  • Can the mother of a disabled child be laid off?
  • Can the mother of a disabled child of 2.5 years be fired?
  • Can a man who has a child under 3 years old be fired?
  • Features of dismissal of a disabled person of group 3
  • A father raising a disabled child cannot be fired
  • Can a disabled child be fired?
  • Working conditions for disabled people
  • Legal advice in Belarus

9236 Do they have the right to fire a mother raising a child who has been disabled since childhood Hello! Tell me, can I be fired from my job if I regularly take sick leave in order to travel with my child to rehabilitation? The child is a disabled child, diagnosed with cerebral palsy and spastic diplegia. And, according to the law, how much sick leave am I entitled to take per year?

Can a father be fired if the child is disabled?

What other privileges does a mother with a disabled child receive at work? In fact, a mother with a child, apart from the ban on dismissal in some cases, is not entitled to any special concessions. They are not paid any bonuses or benefits, and the employer is not obliged to increase their salaries. However, there are three things that a mother can demand:

  • Increasing the number of days off (4 per month);
  • The ability to choose your own vacation date;
  • The opportunity to receive vouchers to resorts and sanatoriums from the employer out of turn.

In addition, the mother of a disabled child cannot be required to work overtime or on weekends, or to work at night.
Apart from this, the employee has nothing to count on. What rules apply to the father of a child with a disability? According to the laws of the Russian Federation, the same privileges will apply to the father of the child as to the mother of the child.

1.Can the mother of a disabled child be laid off? The child is not registered with the father, but the child is registered to the father (there is a certificate of paternity). My husband and I do not live together, I do not receive any payments from him. In fact, I am the sole breadwinner for my child. 2. I was notified about the layoff before maternity leave and parental leave. At the same time, my position was reduced and I was removed from the staff. 2 times I refused the offered vacancies, because... lost in the amount of social payments. In this case, do I (and being the mother of a disabled child) have guarantees of remaining at work or not? 3. If not, then what number is considered the date of reduction - the date of birth of the child (i.e. 3 years from the date of birth of the child) or another date? Thank you.

  • Expert answer

    Hello!

    1. By general rule termination of an employment contract with women who have children under three years of age, single mothers raising a child under fourteen years of age (a disabled child under eighteen years of age), other persons raising these children without a mother, on the initiative of the employer is not allowed (Art. 261 of the Labor Code of the Russian Federation, hereinafter referred to as the Labor Code of the Russian Federation). However, the law contains some exceptions, for example, cases of liquidation of an organization or termination of the activities of an individual entrepreneur, when this can be done.

    When reducing staff (Clause 2, Part 1, Article 81 of the Labor Code), it is necessary to ensure compliance with the preemptive right to remain at work (Article 179 of the Labor Code of the Russian Federation), first of all, workers with higher qualifications and those who are prohibited from dismissal (for example, pregnant women and other persons specified in Article 261 of the Labor Code). Based on the results of the analysis of the preferential right to remain at work, a protocol (decision) of the commission is drawn up. This document confirms the legality of the decision to leave at work specific employee due to his pre-emptive right. The commission is created on the basis of an order from the employer.

    It can be assumed that a similar protocol should have been drawn up in relation to your candidacy, where your preferential right to remain at work could be confirmed. If such a document was not drawn up at all, there is reason to believe that the staff reduction was carried out with violations.

    You indicated that you are the mother of a disabled child. The Labor Code classifies single mothers raising a disabled child under 18 as a “privileged” category of workers. But at the same time, you indicated that the birth certificate contains information about the father.

    The Labor Code does not contain a definition of the concept of “single mother”, but other legal acts provide such a definition. For example, in paragraph 8 of the Regulations on the procedure for assigning and paying benefits to pregnant women, large families and single mothers (approved by Resolution of the USSR Council of Ministers of August 12, 1970 N 659) it is established that state benefits for the maintenance and upbringing of children are assigned and paid to single mothers, i.e. .e. unmarried women, if there is no entry on the birth certificate about the father of the child or such an entry was made in the prescribed manner at the direction of the mother. Currently, this Regulation has not been canceled. Certificate in form N 25 (approved by Decree of the Government of the Russian Federation of October 31, 1998 N 1274 “On approval of application forms for state registration of acts of civil status, certificates and other documents confirming state registration acts of civil status") is confirmation of the basis for entering information about the father into the child’s birth certificate.

    In accordance with Art. 17 of the Federal Law of November 15, 1997 N 143-FZ “On Acts of Civil Status” and clause 1.3 of the Regulations for the preparation by the Moscow Civil Registry Office of documents for appointment and provision cash payments families with children in the city of Moscow (approved by Decree of the Moscow Government of November 6, 2007 N 973-PP) are given the definition of a single mother. She is recognized as the mother of the child if she is not married, or her marriage has been dissolved, declared invalid by the court, or the husband of the child’s mother has died and more than three hundred days have passed from the date of dissolution of the marriage, recognition of it as invalid or death of the spouse until the day of birth of the child and paternity in relation the child has not been identified.

    Therefore, the child’s mother can be recognized as single if two circumstances exist:

    The woman is not married or her marriage has been dissolved (for example, due to her husband being declared missing, due to his death, etc.);

    The paternity of the child has not been established (the column “Father” in the birth certificate is not filled in or there is a certificate in Form No. 25 (another document) about entering information about the father according to the mother).

    Unfortunately, it is not clear from your letter under what circumstances and how the paternity record was made, which makes it difficult to give a complete answer.

    In the Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the first quarter of 2010, approved. The Resolution of the Presidium of the Supreme Court of the Russian Federation dated June 16, 2010 states that the restriction contained in Art. 261 of the Labor Code, for an employer to terminate an employment contract with women who have children under three years of age, is not due to the presence of any other circumstances, in particular the lack of paternal care for the child.

    Thus, with high degree We can probably say that the lack of help, including financial support, from the father of your child does not give grounds to consider you a single person and apply Art. 261 TK.

    2. When reducing the staff of an organization, employees are notified personally, against receipt, of the upcoming dismissal at least two months before the dismissal.

    According to Art. 180 Labor Code, employees subject to layoffs should be offered another job in the same organization (if there are vacancies). The fulfillment of this duty takes into account the employee’s health status. A vacant position or a job corresponding to qualifications, or a lower paid job may be offered. The employee is offered all vacancies available to the employer in the given locality that meet the specified requirements, as well as vacancies in other localities, if this is provided for by a collective or labor contract or agreement.

    In accordance with Part 6 of Art. 81 of the Labor Code of the Russian Federation, the dismissal of an employee at the initiative of the employer (except in the case of liquidation of the organization) is not allowed during the period of his temporary incapacity for work and while on vacation.

    Based on the above and the circumstances given in your letter, it can be assumed that the employer followed the dismissal procedure when reducing staff: you were warned within the time limits established by law, were offered another job, but you refused it, and were fired after leaving parental leave . Since you probably cannot be recognized as a single mother in the sense given by law, the Labor Code does not provide any guarantees in this case.

    Another thing is that you were notified of dismissal due to staff reduction during the period when you were pregnant. According to Part 1 of Art. 261 of the Labor Code of the Russian Federation, termination of an employment contract with pregnant women at the initiative of the employer is not allowed (with the previously stated exceptions).

    Please also note that if your child is not yet 3 years old (there is no information in the letter about the return of the child), you fall under a different category, namely “women with children under the age of three,” which is an absolute basis to declare employers' actions illegal. For dismissing a woman without sufficient grounds, the employer may be brought to administrative (Article 5.27 of the Code of Administrative Offenses of the Russian Federation) or criminal (Article 145 of the Criminal Code of the Russian Federation) liability.

    3. In accordance with Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 N 69 “On approval of the Instructions for filling out work books,” the date of dismissal (termination of an employment contract) is considered the last day of work, unless otherwise established by federal law, an employment contract or an agreement between the employer and employee (clause 5).

    As can be seen from the example given in the Instruction itself, the record of dismissal contained in clause 5.1 of the Instruction, when an employment contract with an employee is terminated due to a reduction in staff, October 10, 2003 is determined to be the last day of his work. IN work book the employee must make the following entry: in column 1 of the section “Work Information” the serial number of the entry is entered, in column 2 the date of dismissal is indicated (10.10.2003), in column 3 the entry is made: “Dismissed due to a reduction in the number of employees of the organization, paragraph 2 of the article 81 of the Labor Code of the Russian Federation", column 4 indicates the date and number of the order (instruction) or other decision of the employer on dismissal.

    Thus, the date of dismissal in case of staff reduction is the employee’s last working day.


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    Employees raising young children are not subject to dismissal until the child turns 14 years old. Employees raising disabled children without the participation of their mother are not subject to dismissal until these children reach the age of 18. Finally, before you go into conflict with management, you need to clearly find out whether you really belong to the “protected” category. You can try to avoid it for a while decisive action, declaring your “immunity” verbally, but it should be understood that the employer has the right to demand supporting documents. This is not only a right - it is also an employer’s obligation, since unjustified provision of benefits to one employee may result in a violation of the rights of another employee who is entitled to them.

    Retrenchment of an employee who is the parent and sole breadwinner of a disabled child

    The collective agreement may provide for other categories of workers who enjoy a preferential right to remain at work with equal labor productivity and qualifications. Sincerely, S. Sedelnikov Personal consultation

    • Dear Ksenia,

      Penza! According to Article 179 of the Labor Code of the Russian Federation, when the number or staff of employees is reduced, the priority right to remain at work is given to employees with higher labor productivity and qualifications. With equal labor productivity and qualifications, preference in remaining at work is given to: - family - if there are 2 or more dependents; - persons in whose family there are no other workers with independent income; -employees who received during the period of employment of this employer work injury or Occupational Illness etc.

      I wish you good luck Vladimir Nikolaevich Ufa 09.16.2014 10:57 Moscow time

    Staff reduction

    • Can a mother with a disabled child be fired under Article 81 of the Labor Code of the Russian Federation?
    • Dismissal of a mother with a disabled child due to violations
    • Dismissal of an employee during liquidation of an enterprise
    • Dismissal of a mother with a disabled child during layoff
    • What to do if the employer fired you illegally?
    • What other privileges does a mother with a disabled child receive at work?
    • What rules apply to the father of a child with a disability?

    Can a mother with a disabled child be fired under Article 81 of the Labor Code of the Russian Federation? Article number 81 of the Labor Code of the Russian Federation considers all cases of termination of an employment contract at the initiative of the employer. In other words, it considers precisely those cases when an employee is fired against his will.
    As a rule, it is this article that interests mothers with disabled children.

    Can someone with a disabled child be fired?

    Attention

    Table of contents:

    • Father's dismissal
    • Legal grounds for dismissal for caring for a disabled child
    • If my child is disabled, can I be fired?
    • Dismissal of an employee if a child is disabled
    • How to fire an employee raising a disabled child
    • Who should not be laid off?
    • Benefits for working parents of disabled children

    Dismissal of an employee if the child is disabled. At the same time, my position was reduced and I was removed from the staff. 2 times I refused the offered vacancies, because... lost in the amount of social payments. In this case, do I (and being the mother of a disabled child) have guarantees of remaining at work or not? 3.


    If not, then what number is considered the date of reduction - the date of birth of the child (i.e. 3 years from the date of birth of the child) or another date? Thank you.

    Dismissal of an employee if a child is disabled

    Moreover, in a short period of time a woman may not know about it at all. Nevertheless, if on the day of dismissal the woman was pregnant (and this fact is confirmed by relevant documents), then the court will declare the dismissal illegal.

    Important

    Arbitrage practice does not attach importance to the fact that the employer is aware or unaware of the pregnancy of a woman being laid off: Part 1 of Article 261 of the Labor Code of the Russian Federation contains an unconditional ban on the dismissal of a pregnant employee. By the way, competent employers (and there are an overwhelming minority of them) include a clause in the notice of layoff stating that if the employee provides documentation of pregnancy, she will not be fired.


    If the employee is a single mother, the Labor Code of the Russian Federation prohibits layoffs for single mothers raising children under the age of 14 (Part 4, Article 261 of the Labor Code of the Russian Federation). Therefore, the mother must at least have a document about the child’s age - a copy of the birth certificate.

    Dismissal of a mother with a disabled child during layoffs Retrenchment (that is, the elimination of jobs), according to the law, cannot become a reason for an employee with a disabled child to be fired. However, what to do if the old position is no longer needed? The answer is simple - the employer must in the near future either provide the employee with a new position in the old place, or a similar position in another workplace.

    He simply does not have the right to fire her. The translation process itself is very simple:

    • The employee is given a letter informing her of the layoff;
    • The employee contacts the HR department and receives a list of positions and places to which she can be transferred;
    • The employee chooses a place of work and a transfer order is issued to her.

    It is at the stage of determining a new place and working conditions that the mother may encounter difficulties.

    Can they be laid off if they have a disabled child?

    B10-6). If a single mother is raising a disabled child, she cannot be laid off until the child reaches 18 years of age (a certificate is required medical and social examination). Presence of dependents With equal labor productivity and qualifications, preference in remaining at work is given to: family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is for them a permanent and main source of livelihood) ; persons in whose family there are no other independent workers; employees who received a work injury or occupational disease while working for this employer; disabled people of the Great Patriotic War and disabled combatants in defense of the Fatherland; employees who improve their qualifications in the direction of the employer without interruption from work (Art.

    Exceptions to the rule about the impossibility of terminating an employment contract at the initiative of the employer include cases of liquidation of an organization or individual entrepreneur - the employer, as well as cases of violations of labor discipline by the employee himself or his guilty actions. By virtue of Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation,” an employee dismissed without legal grounds or in violation of the established procedure for dismissal is subject to reinstatement at his previous job.

    Info

    By virtue of Art. 394 of the Labor Code of the Russian Federation, if the dismissal is declared illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute. The body considering an individual labor dispute makes a decision to pay the employee the average salary for the entire period of forced absence or the difference in earnings for the entire period of performing lower-paid work.

    Does the mother of a disabled child have the right to make redundancies? question number No. 4878750 read 1756 times Urgent legal consultation 8 800 505-91-11 free

    • No, on the basis of Art. 261 Labor Code of the Russian Federation. You have the right to file a complaint with the prosecutor's office and the labor inspectorate.

      In accordance with paragraph. 1 tsp. 1 tbsp. 356 of the Labor Code of the Russian Federation, the Federal Labor Inspectorate exercises federal state supervision and control over compliance by employers labor legislation and other regulatory legal acts containing labor law standards, through inspections, issuing binding orders to eliminate violations, drawing up protocols on administrative offenses within the limits of authority, preparing other materials (documents) on bringing the perpetrators to justice in accordance with federal laws and other regulatory legal acts of the Russian Federation. According to para. 6 hours 1 tbsp.

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