Can a smooth mother cut? Reducing a single mother in the reduction of state: regulatory framework and legislative regulation of the process

Maternity and childhood in our country is given great importance. Lonely children with children without spouse are provided with additional, compared to other employees, rights and benefits.

The procedure for the dismissal of the hired employee must strictly comply with the provisions of the Labor Code of the Russian Federation acting at the time of termination of the employment contract.

Who is confessed by a single mother?

It is believed that a single mother is a woman who gave birth (raising) a child or several children, not being married. This is not quite so. Today, many live in the so-called civil marriage. Registration in the passport on the conclusion of the family union is absent, but children have a legitimate father, which is reflected in the relevant documents. In the passports of fathers there are records of children, and in children's birth certificates, these fathers are indicated. There are appropriate entries and registration books of regulations.

In evidence of the birth of children's children's children, the father's entry is missing or contributed from the words of the mother.

A single mother can be a woman after a divorce with his spouse or after the death of a child's father, but in this case it can not be equated to the category of single mothers.

In a number of cases, legislation, in particular, labor, does not distinguish between the mentioned situations. The special order of dismissal is guaranteed to all lonely women with a minor child (children).

The concept of a single mother law is not enshrined. There is an explanation of the Supreme Court. Thus, in the decision of January 28, 2014 No. 1, it was said that such a status is applicable to female individuals, alone caressing for children, no matter, receiving or own.

What regulatory acts are labor issues?

Labor relations are characterized by the interaction of the employee and the employer. At the same time, the first fulfills the responsibilities assigned to it independently in full compliance with regulatory acts. The dominant situation in such situations is covered by the TC RF.

In addition to the Labor Code, the norms are established by other regulatory acts: provisions, rules, federal, regional, departmental, local and corporate documents.

At the federal level, international treaties play an important role. They have priority over other acts regulating labor relations.

Labor norms are fixed in the country's main law - Constitution of the Russian Federation. The federal refers to the President of the Russian Federation and the Resolution of the Russian Government.

At the regional, departmental and local level, laws and regulations are published, respectively. Each of them should not conflict with the requirements of the TC RF.

Most of the rules of the behavior, the rights and responsibilities of the parties to the employment contract is published in enterprises and organizations. At the local level, the relations of the parties are specified for specific working conditions, which is fully justified, as what is important in one case, in another can be considered unacceptable.

Usually local acts, such as labor regulations or a regular schedule, are long-term. Each employee upon admission to the organization not only concludes an employer contract with the employer, indicating the position, certain functions, jobs, rights, duties, wage size and other significant working conditions, but also meets with all those employed by local regulatory acts.

The terms of the contract and local regulations cannot contradict the Labor Code.

How to quit yourself at your own accord?

On their own initiative, any employee can be resigned from work. In order to part with the employer, without violating the law, you need to write a statement where to express the desire to dismissate with the date of termination of the employment contract.

A single mother, who wrote a statement, for fourteen days, established by the Labor Code of the Russian Federation to work out before dismissal, has the full right to revoke its statement. In this case, it can continue to work as before, under one condition. An obstacle to the continuation of labor activities at the same employer may be the presence of a written invitation of another employee for the place liberated by it. If, after receiving the application, the employees sent an invitation to another specialist, there will be no refund.

A woman has the right not to go to work after the expiration of the dismissal warning. Such a guide will not be considered a bunch. If the time passed, and a single mother continues to work, and she did not provide an order to terminate the employment contract, it is believed that it works under the same conditions, the contract has been extended indefinitely.

Upon termination of the Mother's Mother's Treaty, you must issue:

all the salary earned by it, including premiums, remuneration;
properly decorated labor book;
compensation for unused vacation (if there is foundations);
help or certified copies of the requested documents.

As a general rule, the employer should learn about the employee's intention to quit at least two weeks. For these 2 weeks, it is possible to find a replacement for dismissal. Notify a single mother's intention from work can, being on vacation or on a hospital.

Under certain circumstances, the employment contract can be terminated and without working. Often, dismissal on his own will be replaced by the termination of relations by agreement of the parties.In such cases:

prior to the publication, a written agreement is issued;
development period can be reduced to zero;
the employee is paid a certain amount excess wages.

The procedure for calculating on the initiative of the employee is established by Art. 80 TC RF.

The conditions for dismissal on the initiative of the employer

The grounds for dismissal on the initiative of the employer are set out in Art. 81 TK RF. Most often, employment contracts dissolve immediately with several employees in the reduction of the state of the organization or with complete liquidation of the enterprise.

Other reasons are used infrequently. It is possible to get rid of a negligible employee with a legal way only subject to a clear compliance with the rules of law. In the text of the order and in the employment record, the base must comply with one of the available in Art. 81 TK RF.

A single mother with a child under 14 may be dismissed only for the perpetrators of the guilty actions, for example, for:

absentee;
loss of confidence;
embezzlement;
non-fulfillment of responsibilities assigned to it (with repeated imposition of disciplinary penalties);
coming to drunk or under the influence of drugs or toxins;
declections of secrecy (service, state, commercial).

In other cases, dismissal on the initiative of the employer's lonely mother, who has undergone a child who has undergone fourteen years old, illegally.

So, for the inconsistency of the office being held, the woman is not fired, but they offer her another suitable job or retraining. The employer should be done similarly if a woman cannot continue to work for his position on the state of health (on the basis of a medical conclusion).

In order to dismiss a single mother on a probationary period, the employer will have to work well. According to the rules of Art. 261 TK RF, negative test result cannot be considered a legitimate basis for the dismissal of the established category of workers.

To terminate the contract with a lonely mother without violations of the law, at the end of the labor contract, concluded during the absence of the main employee.

The reduction process

The quantitative composition of workers determines the administration of the organization. The employer decides to reduce or increasing the state at its own discretion.

The legislator established a number of requirements necessary to fulfill the employer. Thus, the decision (order of reduction) should be considered primary prooforization (if there is a trade union). On the upcoming reduction, the administration notifies the trade union in two months. A similar notification of the reduction in the Exchange of Labor is transferred for the same 2 months before the event.

The notice of the employee whose position falls under the reduction, is supposed to be carried out at least two months before dismissal. The employee is painted in the notification, thereby confirming that he knows about the upcoming dismissal.

If the organization does not stop its existence, a single mother with the child who was unattained fourteen years cannot be dismissed (Art. 261 TKRF).

With the liquidation of the enterprise (organization), all employees are subject to dismissal. On the day of termination of the contract, a workbook is issued to the employee. There are other personnel documents requiring careful design. These include orders and personal workers cards. Documents of the liquidated enterprise are transferred to the archive. The shelf life of the personal cards is 75 years.

Giving holidays

Vacation relies with all employees (Art. 114 of the Labor Code of the Russian Federation). The duration of the next vacation for the year of work is 28 calendar days (Art. 115 of the Labor Code of the Russian Federation). If the last time is worked out, but the person is quitting, without having rested by him by law 28 days, along with wages on the last working day, he will receive monetary compensation for unused vacation. Compensation is paid in the case when only a few months has been worked out and the vacation time has not yet come. The amount of compensation payments is proportional to the spent time.

in the extreme north;
in conditions of increased harmfulness or danger;
with non-normalized time;
for special conditions.

Lonely mothers have the right not only on the main vacation provided by schedule. In an incomplete family, circumstances may arise, for which the mother should be free from work. The legislator has provided such situations and ordered employers to provide women with additional unpaid leave.

Such a vacation is provided to workers without salary salary (Article 263 of the Labor Code of the Russian Federation). To obtain unpaid leave, a lonely mother should seal their desire in writing (apply). The employer cannot refuse to provide additional vacation, provided that:

the child's lonely child has not yet been 14 years old;
the total duration of vacation does not exceed fourteen days.

It is important that 14 days of established Art. 263 TK RF vacation employer is obliged to provide lone mother at any time convenient for it.It is important that the vacation at your own expense can be:

attach to another vacation;
fly into parts;
take the whole, for example, in the winter holidays or at the time of collective holidays of personnel in kindergarten.

In coordination with the leadership, a woman can take other additional leave without payment. In addition, local acts (LNA) organizations may establish other benefits for women raising children without spouses.

To use the right to additional vacation, a single mother must provide the employer documents confirming its status of a single mother.

Payments

When dismissing on any basis on the last day of work (he is the day of dismissal), the employer is obliged to pay wages in full for spent time. In addition, at the same time paid and compensation for unused vacation, If a woman worked the appropriate time to receive her vacation.

When the employment contract is terminated by agreement of the parties, the amount specified in the agreement on the termination of the employment contract to be discharged, of course, in the event that such an agreement was included in this agreement. The average salary in two weeks is paid upon dismissal in connection with the disagreement of workers to work in new conditions.

Is it possible to protest the solution?

Fired without her consent, a single mother has the right to protest the decision of the employer.

The choice of organization for appeal remains for a woman. An application for violation of its right and the requirements for restoration in the workplace may be sent to court or in the Trudine region (Art. 352 of the Labor Code of the Russian Federation). In the first case, the term is required. Only one month is given to such actions from the date of being dismissal or from the date of receipt of a copy of the order to terminate the contract (Art. 392 of the Labor Code of the Russian Federation). No appeal immediately in both instances.

Before filing a claim, a worker may seek help in a trade union organization or commission on labor disputes, of course, if such structures exist at its enterprise.

Do not be afraid of litigation. The unlawful actions of the employer become apparent when considering documents. If a single mother does not have written evidence in the hands, she should apply to the court about their recovery. The lawsuit will be satisfied and without attracting the plaintiff of a lawyer. The employee's right in the process of recovery protects the prosecutor (Art. 45 Code of Civil Procedure of the Russian Federation).

In fact, the lawsuit will not cost a woman or a penny, if you write a letter in arbitrary form.Illegally dismissed benefits when contacting judicial authorities for protection. Individuals are exempt from the payment of state duty (Art. 333.36 of the Tax Code of the Russian Federation).

The responsibility of the employer at illegal dismissal

The employer for the illegal dismissal of the employee will have to respond to several regulatory acts:

TK RF;
Administrative Code.

When restoring in his previous position, any worker receives wages for forced rushing (Art. 394 of the Labor Code of the Russian Federation). A forced abrasion is considered to be all the time from the date of dismissal on the date of acceptance of a positive decision by the court. The court decision is subject to execution immediately, even if the employer's disagreement with the decision and the intention to appeal.

The employee is obliged to appear to work the day after the satisfaction of the claim. And the employer has no right to prevent dismissed to work.

Art. 237 of the Labor Code of the Russian Federation provides for the possibility of compensation for compensation for moral damage to those who are dismissed without a legal basis.

If a person adopted on the place of the dismissed, it should be dismissed or to provide an opportunity to work in another position, which implies additional costs for the organization.

In addition to her, a single mother's will be fired in addition to her will contact the labor inspection or prosecutor's office with a complaint about the unlawful actions of the employer. State structures on the application of the victims of the authorities of organizations are conducting thorough checks. When illegal actions are confirmed or other violations of labor legislation are confirmed, the employer is administrative responsibility for the Administrative Code (Article 5.27).

This article provides for the imposition on the guilty face of the fine. It is also possible to suspend the activities of the administrative violation of the IP or the organization for a certain period.

In the position of lonely mom is a woman raising children on their own. To confirm the status, it is necessary that the Father's Baby Father remains blank. This information can be made with the words of a woman without an official document. Also, according to the law, women are ranked with lonely women who have led the guardianship outside the marriage relationship.

In case the employee performs the work in good faith and qualitatively, it is impossible to reduce it. Dismissal is also banned. This indicates the provisions of the TC RF. The corresponding protection against dismissal is the prerogative of women, independently raising dependents under 14 or people with disabilities under 18.

On those indicated in the law, the employer can be dismissed, cut the mother - a single or other employee. If a woman raising children on his own, does not fall under the foundation listed in legal acts, then dismiss or reduce it prohibits art. 261 TC of Russia.

Is it possible to cut a mother - alone with a child up to 14 years old?

The Labor Code of the Russian Federation puts under the ban on the possibility of cutting a mother of a single person with children under 14 years old, and also provides for a number of guarantees and payments during the divorce of working relations not at the initiative of the employee.

Mother - a single law cannot be reduced due to the decrease in the number of personnel. They are also not threatened by dismissal due to the inconsistency of the post as a result of insufficient qualifications or due to the change of the owner of the enterprise.

When liquidating the company, because it is impossible to dismiss a single mother, she is provided in the form of an indispensable employment.

How to cut a mother - loner with a child up to 14 years old?

Employer to reduce mother - alone due to the reduction in the number of state is not permissible. This ban on dismissal and reducing is valid until the 14th anniversary of its dependents. In the presence of children - disabled mother protection continues to their 18th anniversary. Reduced or dismiss their employer is not entitled.

Mothers - single can be dismissed due to several circumstances:

Stopping the activities of the organization in which employment is issued;
Initiatives of the worker himself;
Due to the gross violation of the conditions of labor legislation.

Dismissal is not always the desire of the chief. Employees sometimes have an objective desire to free his position on personal request.

Is it possible to dismiss the mother - alone with a child up to 14 years old?

Dismissal of a lonely mother occurs in the case of:

Full closure of the enterprise or stop the work of the IP;
Non-fulfillment by a worker of labor functions (in the presence of disciplinary punishment);
Skills;
Coming to work in a drunk;
For disclosing secret information;
For the embezzlement;
Providing falsified documents;
Pedagogues can be dismissed due to the commission of an immoral act and due to certain other reasons.

If nothing of the linaked mother did not commit, the law protects her rights and it is impossible to dismiss it.

Can a mother dismiss - a loner with two children?

Mother - alone can be released from office if her children reached 14. The law states that it is not allowed to quit or shorten a worker who has been dependent on a decible person under 18 or young children under 14 years old, is not allowed at the request of the employer.

As noted earlier to dismiss the mother - one can, only if there are the following reasons:

Systematic violation of the basics of labor law and working discipline;
Work skills over 4 hours for disrespectful reasons;
The closure or liquidation of the enterprise (the boss is authorized to reduce everyone, despite social status;
Improper relationship to material values, under the responsibility of a particular person;
Announcement of professional secrecy;
Theft of cash or property;
Use when receiving fake documents;
Immoral behavior;
Completion of the employment agreement;
Turning on a workplace in an inadequate state.

Payments to the Reduction of Mother - Single

When reducing the state or complete elimination of the company's lonely, compensation payments are relying together with the weekend cash benefit. It is calculated as the average salary for 1 calendar month. In the case of reducing all the dismissed employees, they do not have the right to delay the payment. Payment is carried out strictly on the last day of the employee.

Along with this, under the law there are benefits with such workers in reducing as a result of the liquidation of the enterprise. The successor assumes the duty of employment of single mothers with dependents up to 14 years.

If you wish to reduce or dismiss any worker, each employer must be guided by the provisions of labor legislation. A similar nuance will ensure the correctness of the procedure and secure the employer from unnecessary problems.

The Constitution of the Russian Federation as the main regulatory act guarantees all people living in the territory of the state, the protection of his labor rights in the implementation of its labor function. Especially carefully, the legislator protects the rights of women who are preparing to become mothers or themselves are and raising a child without the help of a biological father or a second adopter.

How is the protection of single mothers' rights in reducing state and what rights does such an employee have such rights to other reduced staff?

Legislative regulation

Since the state is trying to protect the interests of women, who are officially recognized as lonely mothers, then the questions such as their employees on the initiative of the employer are worked in very detailed. So, in particular, the legislator in the existing regulations in the workplace enshrines the right of women to maintain a workplace for them, even if the organization is carried out.

The main regulator in this issue is the Labor Code of the Russian Federation, which, in fulfillment of the provisions of the Constitution on the guaranteed possibility of realizing the right to work for all citizens of the Russian Federation, prohibits the employer to reduce a single mother until its child reaches the age of fourteen.

In the same case, if we are talking about a woman who is raising, during which the employer has no right to reduce such an employee, increases before reaching the child of the age of eighteen.

In the event that we are talking about a mandatory procedure for reducing the state and without such a single mother's contract is not to do, the legislator has established a duty for the employer to provide such an employee of a different workplace with similar duties and material refunds.

This provisions were recorded in the decree of the President of the Russian Federation of June 5, 1992 "On the mandatory employment of certain categories of workers under the enterprise, institution, organization", located at number 554.

Thus, in almost all cases, the procedure for reducing a single mother will be considered. When can I reduce such employee?

Is it possible to cut a single mother and when is it possible?

These cases include:

achieving the child with a child of fourteen years (And for a disabled child - eighteen years old). At the same time, if the reducing the mother of such a child was awarded to the date of the specified age, and on the dismissal on the basis of the reduction procedure, followed by the child of fourteen or eighteen years, then such dismissal will not be considered contrary to current legislation;
in the case of a reduction procedure, due to the translation of the organization to the residence mode in a canned state, in order for the occurrence of a favorable situation in the market in the industry, in which the organization operated, to return to the implementation of economic activity. In case of reducing this reason, the employer will be obliged to notify the authorized state bodies on what the number of the remaining employees will be, as well as provide documentary evidence of the impossibility of preserving the mother of her position;
in the event that in case of employment, any substantive documents were provided with a lonelyAs a result of which she illegally took advantage of its privileges in the implementation of the employment procedure. In this case, the procedure at the initiative of the employer is possible (the current labor legislation does not prohibit such an action), or, in the event of a state reduction in the organization, the dismissal of such an employee due to the reduction of state;
in the event that the employee and its employer will come to the need to terminate the contractAnd in the organization at this point in time, the reduction procedure is carried out, the dismissal of a single mother can be carried out by concluding a special agreement between the parties to existing labor relations. However, this method is very controversial, since in the case of checking on the fact of the dismissal of a single mother, a question may arise in the legitimacy of the conclusion of such an agreement on the part of the employer.

In general, if we are talking about the reduction of a lonely mother, no particular procedure provides for the legislator.

The procedure for cutting a single mother when reducing state

The procedure for cutting for a single mother, as mentioned above, is not distinguished by special rules and looks like this:

No less than two months before the termination of the employment contract, the woman should be notified of the reduction and its possible hit in the lists of those who can be reduced. As a rule, such a notification is simultaneously awarded to all employees, as well as sent to state-owned for warning about the number of labor released. In the event that a massive reduction is planned, for example, because of almost complete liquidation of a legal entity, the legislator recommends that such a procedure are at least three months before the date of the planned signing of the order.
Before signing the order of dismissal, it is necessary to notify a single mother about the appearance of newwhich it can be considered to continue continuing work in a particular organization. Jobs are offered up to the moment until the day of signing the order of dismissal to reduce employees. If none of the proposed vacancies of a single mother arranged, or they did not comply with her vocational training or had a material remuneration undertaken compared to a declared post, then an order was signed to reduce the state.
The signing of the order should occur on the day, which is listed in the reduction notice. In the text of the order itself, it is necessary to indicate for which reasons are the signing of an order about the reduction, the number of declined persons and their hazardous composition. Separate identification of various categories of employees, for example, single mothers engaged in quoted places are not required - all reduced staff are indicated as a named list in a special table, indicating the posts from which reduction occurs. In addition, if posts are fully excluded from a staff schedule, these information should also be reflected in such an order. Such detailed decoding is required in order to eliminate all possible between the reduced workers and employers.
Payment of money due to employer to shortened employees. Payment must be carried out on the day of signing the order of dismissal and making an appropriate entry into the employment record, that is, in the actual day of dismissal. Since dismissal is carried out in the address of various categories of employees, payments are also distributed in order. The first payments are carried out in relation to single mothers, as well as persons who have the right to any benefits in employment. This is done in order to minimize the risk of creating substantial material damage from loss of work the most weakly protected categories of workers.

What payments are made?

If the employer decided to reduce the staff and dismissal for such reasons of a single mother, then such an employer will have to implement a fairly large amount of payments that must be implemented on the last working day of the employee within the framework of this organization.

Communicable payments include:

or compensation for dismissal. Its size is established in accordance with the requirements of the Labor Code of the Russian Federation, but there can be no less than the average earnings of the dismissed woman. The amount of such benefits is usually negotiated between employees and the employer in the preparation of a special agreement or addition to the collective labor contract. Based on the current legislation (Article 178 of the Labor Code of the Russian Federation), the size of the output benefit may not be less than the average earnings of the reducing employee at the rate of the last three months;
For the time actually spent in the estimated period, regardless of the number of such days or hours (depending on which units are measured working period). In the event that the organization adopted the procedure for dividing removal of remuneration, for example, by paying the advance payment of wages and final, calculated, then all payments are carried out on a schedule with the transfer of funds as a salary less than the advance payment;
For all unused days of paid vacation. If the employee did not use the fully established annual paid leave in the previous dismissal year, the employer must compensate for it and these days;
in the case of the presence of such payment defined in the Warning Regulations, such payment must also be carried out, but it is not done on the last day of the work of the employee, but according to the schedule for the implementation of such payments (for example, in the last calculated quarter quarter);
if, at the time of the dismissal, the employee was on the hospital and brought it on the last working day in the staff service, then the payment of reimbursement of software is carried out on the first day, provided for for the transfer of all payments provided for in the organization, if such a day does not fall at the date of dismissal. If the paid payment is accounted for by the date of dismissal, the fees of the hospital should be made on this day (it is allowed to disseminate such payments for one day).

Reducing a single mother in almost all cases will be considered illegal, since the legislator is trying to protect the rights of those women who have to raise their children without the help of their biological father. It is for this reason that the employer should be prepared for the fact that when conducting a staff reduction, it will have to conclude with a managed employee or a special agreement on the termination of the employment contract, or carefully from a documentary point of view to justify the need to terminate labor relations with such a employee to the authorized state bodies.

The regulatory act is aimed primarily to protect the legitimate interests and rights of the parties and creating conditions for mutually beneficial cooperation between them. For single mothers, due to their special position, a number of additional guarantees of the preservation of the workplace are provided.

In practice, employers often allow violations in the order of dismissal of this category of employees. This is due to various reasons and most often due to banal ignorance by the parties to the legislation or improper interpretation. Before, rather than starting the procedure for the dismissal of a single mother makes sense to get advice from a specialist. After the other side, the right to appeal to the court is enshrined.

The status of a single mother is determined by law and are recognized:

women who at the time of birth did not work in a legitimate marriage;
if paternity is challenged in court and on the claim there is a decision that has entered into force;
unmarried woman who has fallen or adopted a child.

Not mothers are single, which are divorced by those who have a paternity fact is installed or recognized voluntarily as well as the widow. For the last category, the state provides benefits, and they do not have the right to special status.

Legislative guarantees in labor

The state carries out social policies aimed at protecting the rights of its citizens. For such a category, as a single mother, 261 articles of the Codec, regulating labor relations, introduced additional guarantees when terminating the working contract. In particular, a few are limited by the employer's rights to dismiss such an employee, if the initiative comes from its part.

A single mother can be dismissed only in the case of the complete closure of the enterprise or the elimination of the institution or the organization in which she worked.

The basis for dismissal can only be the so-called negative articles, the action of which applies to the violators of discipline, trappers and other unscrupulous workers. Violations made by the employee should be necessarily confirmed documented.

Dismissal of a single mother in different cases

Legislation in the field of labor relations clearly defines the procedure for termination of contracts with this category of employees. Dismissal by agreement of the parties is one of the most common and legitimate ways to dismiss a single mother. This method of termination of the contract is directly provided for by 78 of the articles of the corresponding Code. It is important to understand that consent in this case should mutual and completely voluntary.

Forcing a single mother to dismissal on this basis, as well as any other employee is not allowed.

In the event that representatives of the enterprise administration turn out to be pressure, then apply to the supervisory authorities. Date of dismissal and other issues, somehow payment of compensation or the provision of other benefits is enshrined in a written agreement. One of the copies of the document remains at the employee.

At the initiative of the employer

The management of the enterprise or organization is limited to legislatively can dismiss a single mother in many reasons.

In particular, the article already mentioned 261 does not allow termination of labor relations with such an employee in view of the following circumstances:

reduction of the state of the company or institution;
mother's inconsistencies of a single position she takes;
sales, reorganization or merger companies on the other.

The mother, which alone contains and brings up a child to the achievement of a certain age, has the right to preserve the workplace.

This is true for the workers who conscientiously fulfill their duties and does not apply to the violators of labor discipline.

By reduction

In the process of reorganizing the company and dismissing part of employees in connection with the change in the staffing schedule, the management of the company is obliged to take into account the interests of their employees. For mother's mothers, additional guarantees of preserving the workplace are installed.

Even if the position of the disposition is provided to the employer, the employer is charged to find another vacancy for it, similar to responsibilities and salary.

It is not allowed in such a case a transfer with a decrease without direct consent of workers confirmed by his own statement. Unlawful actions of representatives of the administration or pressure attempt can be appealed to a worker in a higher organization or in the competent authorities of state power.

In connection with the end of the labor contract

Mothers loners entered the contract for a certain period, no preferences are provided. It is assumed that an employee in this case knows the end of the contract in advance and has the opportunity to find another place. The basis for dismissal is the 79 article of the corresponding Code.

The date of termination of labor relations is the end of the contract.

By this time, the employer is obliged to make a complete calculation and pay the employee due to it. In case, by this moment, she left the unused days of the next vacation or the round, the date of dismissal is appointed the next day after their end.

On the failure of the trial period

Employment of single mothers occurs in a general manner in this regard by legislation is not provided for any preferences. In some cases, enrollment for permanent operation is carried out only after the trial period. The administration of the enterprise is obliged to inform the potential employee about this condition. At the specified period, professional skills and knowledge of the candidate are checked.

The termination procedure of the contract is carried out without working, mandatory in other cases. It should be remembered that the work of the employee during the period of the trial period should be paid, and the calculation is issued on the day of termination.

On a negative article

The legislation primarily protects the interests of bona fide employees, special conditions are provided for individual categories when dismissal. A single mother according to 261 of the code of the Code cannot be dismissed while reducing states, but dismissal for the so-called negative articles of such employees is made on the general basis.

List of grounds for the dismissal of this category of workers:

disciplinary disorders;
for financially responsible workers - unfair attitude towards entrusting values;
drive or lack at work for more 4 hours Without good reason;
consumption or coming to work in a state of any of the types of intoxication;
disclosure of state or commercial secrets to unauthorized persons, which can harm the country or enterprise;
theft, waste or intentional destroying of property;
behavior, discrediting an employee of a pedagogical or medical institution;
introduction to the error of the employer by presenting falsified documents.

These violations are shown in 81 Article 2, and the procedure is made at the initiative of the employer.

Step-by-step instruction

The dismissal of workers who have the status of single mothers is generally in a general order. Registration of the termination procedure (contract) is made in accordance with the first paragraph 84 of the Codex article. The main ownership of the document is the order published by the head of the institution, organization or enterprise. This document is necessarily brought to the attention of the employee.

Procedure

The procedure for the dismissal of employees is established by the special instruction developed by the Federal Ministry of Health and Social Development. The head of the enterprise makes the appropriate order, established by the regulatory act. The document is preparing employees of the personnel department (personnel manager) and submits to the signature to the authorized person.

After that, the order is assigned to print print and enters into force. The document is brought to the attention of the employee under the painting, the recording is usually done on the turnover.

In case of refusal to familiarize yourself with the order, employees of the personnel body are compiled with the description of the event, signed by at least two witnesses.

The order to terminate the contract or contract with the employee is the basis for making entries in the following forms of credentials:

personal card T-2 (GS);
face account T-54 (a);
employee labor book.

The record in the last document must necessarily contain information on the date of dismissal, the basis indicating the article code and the order number. The authenticity of the data is confirmed by the signature of the authorized employee of the personnel department and the printing of the enterprise or organization.

For the production of calculation with the employee and the accrual of relevant payments, a separate document is drawn up in the form of note (T-61). One copy is transmitted to the accounting department of the second personnel to familiarize.

Payments and compensation

According to the Codex, the final calculation with the employee and, including those employees, which have the status of single mothers, should be made no later than the day of dismissal. By this time, the management of the enterprise is obliged to issue cash in cash in hand or translate the employee to the bank account.

The following amounts are subject to payment: wages and compensation for part of unused vacation.

Payment of money compensation instead of the release guaranteed by the legislation is possible only by a written statement of the fired. At the same time, compensation is charged only for the additional days of the annual recreation, which is entitled to an employee in accordance with the current regulatory framework. The amount of money compensation is calculated based on the average daytime earnings according to the general rules.

Arbitrage practice

The rights of workers who have the status of single mothers are protected by law and their violations appealed in the prescribed manner.

An employee when terminating a contract with which the actions contradictory documents were admitted to appeal to the higher management, the supervisory authorities or to the court of general jurisdiction.

Qualified lawyers can be attracted to this process.

How to challenge?

The suit for the employer, who admitted unlawful actions against a single mother, is submitted to the court at the location of the organization or employee. The sample application can be obtained in the court office or find on the Internet on profile sites.

Copies of documents confirming the validity of claims to the employer are attached to the claim: extracts from the employment record, orders, settlement notes and others.

The claimant's statements are accepted only after paying the relevant duty. After that, the date of preliminary hearings is appointed, both parties are informed about.

The court may reject the statements if it is drawn up with violations of the norms and rules envisaged by the legislation. Attracting the process of a professional lawyer specializing in labor disputes will allow to avoid wire and significantly increase the chances of a positive solution to the issue.

Timing

The claim for the unlawful dismissal of the employee and mother of the single, in particular, is one month. The term is calculated from the moment of bringing the employee of the appropriate order or issuing an employment record on the hands of the workbook. In the event that the plaintiff filed an application later than the deadline, the judge does not have the right to refuse this basis. This can be done only after the appropriate statement of the defendant's side.

Respectful reasons for the restoration of limitation of the court can serve as a hard disease or helpless state.

Documentary confirmation of this fact is a medical conclusion or a certificate of finding in a medical institution. The dismissal of a single mother, and equally and other people who have family obligations should be carried out in strict accordance with the law. At the same time, the employer is obliged to take into account all the features of the status of this category of employees established by the Labor Code.

Can a woman cut down to 14 years old when reducing the state? Privileges are not provided to all employees, but only under certain circumstances. When a working mother can be sure that she will not be fired?

When a woman with children under 14 years old can not cut?

Reduction is the type of dismissal, in which certain categories of workers cannot be dismissed under any circumstances. A large group of those who cannot be cut, make up women under certain conditions. Therefore, there are often questions, for example, can a large mother be reduced while reducing the state, or can the employee be removed from the state that brings up children alone?

Article 179 of the Labor Code of the Russian Federation.

In the Labor Code, namely, in Article 179, provided for to clarify the advantages of certain employees before others, the following categories of women workers who are mandatory should be left at the workplace:

Employees who carry out over three or more children.
Workers are the only breadwinners in the family.
Workers whose children were not three years old.
Persons who are dependent on juvenile children with disabilities.

This is also attributed to the fathers if they raise children under the specified conditions.

There are some nuances:

The age of one of the children is less than fourteen years, but more than three, does not give the rights to the employee to remain in the organization if they are optimized by reducing.
If the mother brings up children alone, or she has more than two dependents, it is necessarily preserved for her workplace.
On dependent, children should be found if the spouse or mother of workers - the disabled of the 1st or 2nd group, it will not fall under the reduction.

Important! The advantage of the law is given to some women only under the condition if their qualifications and experience in the level not lower than the level of other employees. If knowledge is missing, the employer can direct them to advanced training.

You can not cut lonely mothers

Mothers - single are not included in the list described in Article 179, however, Article 261 of the same Code prohibits to terminate the employment contract with such a category of workers on the initiative of managers, excluding only those grounds when a woman violates the conditions of the employment contract is rude or not for the first time.

With a reduction, the employee will be offered in writing all available posts with which it could cope. It has the right to refuse an unlimited number of times throughout the entire period before the day of reduction comes. Even if there are no other free vacancies for it, which would fit it in production or another field of activity, such a worker will not be fired. Most likely, it will be sent to advanced training courses, and only if it refuses, it will have to terminate the contract with it.

In order for a woman to leave at the enterprise, it is enough to provide documents confirming the benefit. For example, copies of the birth certificates of all children or a certificate from a medical facility that the spouse is a disabled person and cannot exercise work, as well as to educate juvenile children.

In order to prove that a worker is a lone mother should also provide relevant evidence. A lot of controversial situations arise with them, since as such a single mother term in law is not defined.

The leaders of the enterprise, and in the future and the courts, interpret articles of the law in different ways, a woman can recognize or not recognize the mother, raising children alone in various situations.

However, in any case, it is necessary to provide confirmation documents on the enterprise. First of all, this is a child's birth certificate, in whose paternity column is a fiber. If a woman is simply divorced, and the father is installed, the status of a lonely mother is not assigned to her, as the results of judicial practice show. And in the opposite case, if she married, and the spouse is not in a hurry with the adoption of the child and in the birth certificate there is no father's data, the mother will be considered lonely.

The advantages of workers who raising children, with a reduction. However, situations that may entail dismissal on the initiative of the leadership earlier than the reduction will occur. For example, the failure to fulfill official duties employees or gross disorders of the discipline.