Is it possible for a single mother with a child under 14 to be laid off?

• In every company, cases may arise when it is impossible to do without reducing staff or the number of employees.
• However, here you need to strictly adhere to labor legislation, because there are categories of citizens who are not subject to layoffs.
• You should pay special attention to the employee if he is a parent.
• Is it acceptable to lay off women with two children under 14, single mothers and fathers, and breadwinners of disabled children?
• Let's find out!

Why is it necessary to lay off workers?

The need for reduction may arise in several ways:

• the employer intends to assign several positions to the staff at once, and at the same time he sets salary bonuses for them by saving the corresponding fund;
• production becomes more automated, there is no need for a large number of workers;
• the company changes its profile;
• the company is reducing production volumes.

Which parents can't be cut?

Before making a list for redundancy, it is worth checking whether the selected employee does not fall into one of the taboo categories. According to the current Labor Code of the Russian Federation, the following parents cannot be dismissed due to reduction:

• pregnant women;
• mothers who have children under 3 years of age;
• women who independently raise a child under 14 years of age;
• employees who are on maternity leave or on maternity leave to care for a child under 3 years old;
• workers who are considered the sole breadwinner in a family with a child under 3 years of age.

Reduction of a single mother with a child under 14 years of age

Can a single mother be fired due to redundancy? According to the law of the Russian Federation, a single mother is a woman who supports a child and raises him without the participation of a second parent.

Due to life circumstances, a father may withdraw from parenting for several reasons :

• death;
• recognition of unknown absence;
• recognition of incapacity;
• deprivation of rights to a child;
• restriction of parental rights;
• inability to raise a child due to health reasons;
• is serving a sentence in prison;
• refuses to participate in education.

However, not every one of these cases characterizes the mother as single according to the letter of the law.

According to family law, this definition includes several categories of women:

1. One who gave birth to a child out of wedlock.
2. A woman who gave birth 300 days after the official divorce.
3. A woman took a child for adoption without being married (although this is extremely rare).
4. If the spouse renounces paternity within 300 days after the divorce.

In the Labor Code, the term “single mother” is used in two articles - 263, 261. They describe the restrictions on the dismissal of a single mother and their privileges.

Article 263. Additional leaves without pay for persons caring for children

An employee who has two or more children under the age of fourteen, an employee who has a disabled child under the age of eighteen, a single mother raising a child under the age of fourteen, a father raising a child under the age of fourteen without a mother, a collective agreement annual additional leaves without pay may be established at a time convenient for them, lasting up to 14 calendar days. The specified leave, upon the written application of the employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed.

The guarantees apply to single mothers whose children are under 14 years of age . That is, the reduction of a single mother with a child under 14 years old is impossible, unless she falls under the category of exceptions. Fathers also receive similar benefits if they find themselves in the situations listed above.

At the initiative of the employer, the layoff of a woman with a child under 14 years of age is unacceptable.

And yet, is it possible to fire a single mother due to staff reduction? If a position occupied by a single mother/father falls under redundancy, the employer is obliged to offer her/him another vacancy that will correspond to the employee’s qualifications, with a similar salary.

If there is none, then when single mothers are laid off, the employer must offer a lower-ranking vacancy in the same company.

If a mother with a child under 14 years of age refuses the proposed vacancy, she must confirm this in writing. In this case, the employment contract becomes invalid.

That's all the nuances about laying off an employee who has a child under 14 years old.

If the child is disabled

According to the laws of the Russian Federation, a disabled child is a person who has not yet reached the age of 18 and has persistent disorders in the functioning of the body that arose due to illness, injury or congenital defects.

Such a child is physically limited, cannot lead normal life activities and needs additional protection and social assistance. Disability is recognized through a sanitary and medical examination. The disability group depends on the degree of physical impairment.

The mother or father of a disabled child is an adult capable person who is the natural or adoptive parent of a minor child and takes upon himself all the troubles of supporting him.

According to Article 261 of the Labor Code, the employer of a breadwinner of a disabled child does not have the right to dismiss such an employee until the child turns 18 years old .

At the same time, Article 179 of the Labor Code confirms that when laying off workers, the employer must first of all retain the represented category of workers in production. Benefits apply to parents with disabled children of any group.

However, there are also nuances. Thus, an employer can fire such an employee if:

• the company is liquidated;
• the employment contract ends;
• the employee is recognized as a persistent violator of discipline at work (for example, systematic tardiness);
• an order for disciplinary action has been drawn up (in other words, dismissal under the article);
• theft or other illegal actions have been committed;
• direct labor responsibilities are not fulfilled;
• official secrets were disclosed.

There are also exceptions to the law in cases where both spouses, who are raising a disabled child together, work at the same enterprise.

The employer has the right to lay off one of the parents if circumstances so require . However, he is obliged to leave the second one at the same place of work.

Is it possible to fire a mother of many children due to redundancy? A parent with many children is a legally capable person who supports three or more children under 18 years of age . At the same time, it doesn’t matter whether the children are natural or adopted.

Modern legislation is on the side of workers with parental obligations. The Labor Code does not directly regulate the relationship between workers with many children and their employers. However, studying the legislative norms of the Russian Federation, we can say that parents with several children still have privileges in several cases.

Retrenchment of a mother or father with many children is impossible if:

• the woman’s youngest child is not yet 3 years old;
• the employee has 3 or more dependent children, and he is the only breadwinner in the family;
• the second spouse does not work because he is on parental leave;
• if one of the children has a disability.

Previously, these situations applied only to women, but after some changes in labor legislation, a man also found himself under the protection of the right if he alone supports his large family .

According to Article 261 of the Labor Code of the Russian Federation, an employment contract with such an employee cannot be terminated due to layoffs if her child is not yet 3 years old.

And even more than that - Art. 256 of the same document provides that during the period of maternity leave, a woman retains her position with the same salary.

Dismissal of an employee is possible only in exceptional cases, which were described above.

When a child turns 3 years old, the law ceases to protect the woman . But before dismissing her, the employer must become familiar with all categories of persons who cannot be laid off. They are listed in Article 180 of the Labor Code of the Russian Federation.

According to the law, dismissal of an employee with a child over 3 years old still implies liability for the employer. Thus, he is obliged to offer the employee another position that will correspond to her qualifications and previous salary level.

The new position must be suitable for the employee based on her health . The hirer must offer all possible vacancies that exist in his company in a particular area.

If the company does not have such jobs or the woman refused the offer, she must confirm this in an official letter. With these options, she can be fired.

Violation of the norms and rules prescribed in the Labor Code of the Russian Federation entails serious consequences for the employer. Thus, a person whose rights have been violated may submit a written statement to the regulatory authorities .

Whether labor laws have really been violated is checked by the prosecutor's office or labor inspectorate. They can conduct both scheduled and unscheduled inspections.

1. By a court decision, the employee may be reinstated to his previous position or may receive monetary compensation from the employer.
2. In turn, the employer faces administrative or financial liability .
3. Thus, Article 5 of the Code of the Russian Federation provides for punishment for officials in the form of various fines:

• for officials - from 1,000 to 5,000 rubles;
• for individual entrepreneurs - from 1,000 to 5,000 rubles. or suspension of the company’s work for a period of no more than 90 days;
• for legal entities - from 30,000 to 50,000 rubles. or suspension of work for up to 90 days.

The court may also order payment of compensation to the employee in the amount of his lost wages after illegal dismissal.

The case is reviewed by a state inspector or a district court.

Conclusion

So, the labor legislation of the Russian Federation has many nuances that every employer must take into account. You need to be especially careful if the company has parent employees .

Their family circumstances should be carefully examined before downsizing. Indeed, in case of violation of the Code and other regulations, the manager risks not only undermining the honor of his company, but also suffering financially.

Can a woman with a child under 14 years of age be laid off in case of staff reduction: mothers’ rights

Can a woman with a child under 14 years of age be laid off when reducing staff? Privileges are not provided to all employees, but only under certain circumstances. When can a working mother be sure that she will not be fired?

Retrenchment is a type of layoff in which certain categories of workers cannot be laid off under any circumstances.

A large group of those who cannot be reduced are women in certain conditions.

Therefore, questions often arise, for example, can a mother with many children be laid off when reducing staff, or can an employee who is raising children alone be removed from the staff?

Article 179 of the Labor Code of the Russian Federation.

• The Labor Code, namely Article 179, which is provided to clarify the advantage of certain employees over others during layoffs, specifies the following categories of women workers who must be retained in the workplace:
• This also includes fathers if they raise children under the specified conditions.
• There are some nuances:

1. The age of one of the children is less than fourteen years old, but more than three, does not give the employee the right to remain in the organization if optimization is carried out through reduction.
2. If a mother raises children alone, or has more than two dependents, she must retain her job.
3. Children do not have to be dependent; if the employee’s husband or mother is a disabled person of the 1st or 2nd group, she will not be laid off.

Important! Advantage by law is given to some women only if their qualifications and experience are at least equal to those of other workers. If knowledge is lacking, the employer can use it to improve their skills.

Read also: Military mortgage in 2020-2021: how to buy an apartment, conditions, changes

Single mothers should not be laid off

Single mothers are not included in the list described in Article 179, but Article 261 of the same code prohibits terminating an employment contract with this category of workers on the initiative of managers, excluding only those grounds when a woman violates the terms of the employment contract grossly or not for the first time.

If a layoff occurs, the employee will be offered in writing all available positions that she could handle. She has the right to refuse an unlimited number of times throughout the entire period before the day of reduction occurs.

Even if there are no other open positions for her that would match her skills in production or another field of activity, such a worker will not be fired.

Most likely, she will be sent to advanced training courses, and only if she refuses will the contract with her be terminated.

In order for a woman to remain at the enterprise, it is enough to provide documents confirming the benefits. For example, copies of the birth certificates of all children or a certificate from a medical institution stating that the spouse is disabled and cannot work or raise young children.

In order to prove that the employee is a single mother, relevant evidence must also be provided. Many controversial situations arise with them, since the term “single mother” is not defined in the law.

Enterprise managers, and subsequently the courts, interpret articles of the law differently; in different situations, a woman may or may not be recognized as a mother raising children alone.

However, in any case, you need to provide supporting documents to the company. First of all, this is a birth certificate of a child, in the paternity column of which there is a dash.

If a woman is simply divorced and her father is identified, she is not assigned the status of a single mother, as the results of judicial practice show.

And in the opposite case, if she got married, and her husband is in no hurry to adopt the child and there is no information about the father on the birth certificate, the mother will be considered single.

Workers raising children have advantages during layoffs. However, there may be situations that may lead to dismissal at the initiative of management before the reduction occurs. For example, failure to fulfill official duties by an employee or gross violations of discipline.

Source: https://zarabativaem.com/mogut-li-sokratit-zhenshhinu-s-rebenkom-do-14-let-pri-sokrashhenii-shtata/

Is it possible to lay off a single mother?

The Labor Code of the Russian Federation provides many benefits for persons with family obligations, including upon dismissal. If a woman is raising a child alone, the amount of social support measures and labor benefits will be even higher. In this article, we will look at the conditions under which a single mother can be fired due to layoffs, and whether the age of the child affects this.

Who benefits apply to?

The state recognizes a single mother as a woman raising one child or several children without the support of a second parent. This rule applies to the following cases:

• if a woman adopted children alone;
• if the husband and father of the children died and the woman did not remarry;
• if the child's father was not indicated on the birth certificate.

If an employee has terminated her marital relationship and the children were given to her to raise, she is not automatically recognized as a single mother, since the second parent retains responsibilities for the financial support of minors. Thus, the status of a single mother must be confirmed by a birth certificate, in which the column about the father will not contain information, or by a death certificate.

According to the norms of the Labor Code of the Russian Federation, a single mother will not always receive benefits upon dismissal, since this also depends on the age of the child. In particular, benefits are provided if you are raising a child under the age of 14 years, or a minor child over 14 years old with an established disabled status.

What is the benefit?

A single mother will not in every case receive a benefit or preferential right to keep her job. For example, such a guarantee does not apply to the following cases:

• upon liquidation of an enterprise or closure of an individual entrepreneur, all categories of citizens are subject to dismissal, including a single mother or a pregnant woman;
• when committing guilty actions and gross violations of labor discipline (absenteeism, drinking alcohol in the workplace, etc.);
• when it is revealed that false documents were submitted when applying for a job;
• when a woman heading an enterprise commits a single gross violation of official duties;
• if a woman working as a teacher committed physical or mental violence against a pupil (student).

In all other cases, including during reorganization or layoffs, a single mother will be able to keep her job.

Reduction refers to organizational measures that are accompanied by the exclusion of individual positions or a group of jobs from the company’s staffing table. The procedure for applying benefits for the above category of persons upon reduction is as follows:

• having the status of a single mother provides a guarantee of maintaining a job at the enterprise, but may involve transferring the employee to another position;
• a woman with a child under 14 years of age, or with a disabled child under 18 years of age, will have the right to keep her job;
• the employer is obliged to employ such an employee in another vacant vacancy, or to terminate the procedure for reducing her position.

This right is exercised at the stage of serving warnings. The administration of the enterprise is obliged to offer any vacant position, including one with modified working conditions, that corresponds to the employee’s medical conditions.

Sample notice of job reduction

For the transfer, an order is issued, and changes are made to the employment contract.

Sample order to transfer an employee to another position

The law does not prohibit dismissing an employee due to redundancy if she submits an application of her own free will.

To do this, free expression of will must be confirmed, since any forms of coercion or pressure on employees are not allowed.

If dismissed in this way, the woman will retain the right to receive severance pay, as well as to maintain average earnings for two months after dismissal.

When the right to benefit is lost

The general basis for the loss of the right to benefits during layoff is the child reaching the age of 14 years, or the age of majority of a disabled child. This fact is confirmed by the child’s birth certificate or passport. In addition, the benefit of reduction is lost under the following circumstances:

• if the child’s biological father has proven his paternity in court and registered this fact in the registry office;
• if the woman got married and the new spouse agreed to the adoption or actually recognizes himself as the father of the child;
• if the only child died or the adoption was canceled.

A woman may try to hide these facts in order to save her job. However, if cases of deception are identified, she will be subject to disciplinary action for gross violation of labor discipline and official duties, which may lead to dismissal for guilty actions.

Any violation of labor rights associated with the refusal to provide benefits gives rise to an appeal to the court or other authorized departments.

What to do if you were fired

If the management of the enterprise ignored the law and laid off a single mother who had benefits, she can challenge the dismissal. To do this, a statement of claim is filed with the court within a month after the order is issued or the work book is delivered. The consequences of such an appeal to the courts are as follows:

• the dismissal order will be canceled and the woman will be reinstated in her previous position;
• the administration of the enterprise will be obliged to pay monetary compensation for the period of forced absence;
• compensation for moral damage will be recovered in favor of the woman, the amount of which will depend on the nature of the violation of rights, the degree of mental and moral suffering.

If the process is completed positively, the woman's position should be restored. Subsequently, repeated reduction of this position is allowed, but the employer is already obliged to take into account the ban on dismissal for a single mother.

Source: https://u-volnenie.ru/posts/sokrashhenie/mozhno-li-sokratit-mat-odinochku

Retrenchment of a single mother 2020 - if there is a reduction in staff, can they, with a child under 14 years old, up to 18 years old, are they entitled to leave work?

Raising a child without the help of her husband, a woman finds herself in a difficult position. The state strives to support it in every possible way and provides a number of benefits.

One of them is the possibility of obtaining a number of advantages over other employees during layoffs. However, in some cases, the employer can still fire the woman.

In order to know in advance all the situations that may lead to a layoff for a single mother, you need to familiarize yourself with the latest information on the topic.

Reasons

Reduction of staff is carried out at the enterprise to achieve a whole list of goals.

The most popular of them include:

• to optimize the costs incurred by the company;
• when an organization moves from one city to another;
• when the company shrinks.

Laying off a single mother is difficult, no matter what goal the company wants to achieve by performing the action.

The state protects women with this status. During the procedure, a whole list of formalities must be observed. So, if the reduction is carried out due to reorganization, the employer is obliged to notify employees of the planned action 2 months before the proposed manipulation.

To confirm receipt of information, the specialist must leave a signature on the paper. In addition to the employee himself, the employer is obliged to notify the trade union and the employment service.

If there is a reduction in staff, single mothers, like any other employee, should be offered existing vacancies.

According to existing rules, a woman with this status can be laid off only if she is not satisfied with alternative vacancies and the employer cannot offer her another position.

The legislative framework

If a girl wants to know how a single mother is laid off from work, she should familiarize herself with the current legislation.

Experts advise paying special attention to:

• Article 74 of the Labor Code of the Russian Federation, which talks about changes in the terms of the employment contract, the introduction occurs due to changes in organizational or technological working conditions;
• Article 77 of the Labor Code of the Russian Federation, which allows you to get an idea of ​​the general grounds for termination of an employment contract;
• Article 79 of the Labor Code of the Russian Federation, which talks about the nuances of terminating a fixed-term employment contract;
• Article 179 of the Labor Code of the Russian Federation, which assigns the preferential right to retain employment to a number of employees in case of layoffs;
• Article 180 of the Labor Code of the Russian Federation, which contains guarantees and compensation that employees who have been laid off or faced with the liquidation procedure of a company can count on;
• Article 336 of the Labor Code of the Russian Federation, which sets out additional grounds for termination of an employment contract with teaching staff.

After analyzing the current legislation, a young mother can get an idea in advance of what nuances she will encounter.

Single mother reduction

Retrenchment of a single mother in 2020 is possible only in strictly defined situations.

In order to know in advance when the employer has the right to perform such an action, a woman must familiarize herself with all the nuances of the procedure in advance.

When staffing is reduced

It is impossible for a single mother to be laid off while reducing staff. A similar rule is enshrined in Article 261 of the Labor Code of the Russian Federation. A woman can be fired only if the enterprise is liquidated and an alternative position is offered.

Often, employers resort to tricks in order to get rid of an employee, interaction with whom is associated with additional expenses and difficulties for the company.

Thus, the wording of the action often changes. The employer may not lay off the employee himself, but exclude the position he occupies from the official schedule.

But even in this situation, the state supports single mothers, providing them with guarantees.

With a child under 14 years old

It will not be possible to lay off a single mother with a child whose age has not exceeded 14 years on a general basis. Similar conditions apply to mothers raising a disabled child.

It should be remembered that marriage and a man's recognition of paternity will deprive a woman of advantages.

In this situation, dismissal will occur on a general basis.

Read also: Alimony from sick leave: is it withheld or not, at the expense of the Social Insurance Fund

With a child under 18 years old

If the child is already 14 years old, but not yet 18 years old, the benefits are terminated.

In the event of a layoff, the mother of a minor may be dismissed on a general basis.

An exception to the rule is the presence of a disabled child. This fact extends the benefit until 18 years.

Upon liquidation of an enterprise

If the company ceases to exist and the legal entity is liquidated, the same rules that apply to other employees apply to the single mother.

The reason for the liquidation of a company may be:

• insufficient level of profitability that does not satisfy the owners of the company;
• bankruptcy of an enterprise;
• other reasons specified in the current legislation of the Russian Federation.

The presence of such grounds does not require obtaining the consent of employees to liquidate the enterprise. The severance of labor relations occurs legally.

In this situation, the employer is only obliged to pay the arrears of wages and provide three months of maintenance for the single mother.

For failure to perform official duties

If an employer wants to fire a single mother for failure to perform her job duties, the manipulation will be much more difficult.

In this situation, the company will initiate the severance of labor relations. This means that you will need to provide evidence of neglect of your duties on the part of the woman.

If she constantly violates labor discipline, the employer must take disciplinary action.

The document serves as the basis for terminating the employment relationship with the employee. This possibility is fixed by current legislation.

The presence of a special status cannot protect in the current situation. An employer may fire an employee or reduce a position.

According to current legislation, failure to fulfill official duties can be expressed in the following actions:

• damage to company property;
• theft of property;
• absenteeism;
• criminal embezzlement of property;
• violation of labor protection rules;
• amoral behavior;
• disclosure of state or commercial secrets;
• neglect of duties.

A single mother is required to work in accordance with the rules that apply to other employees. There are no relaxations or benefits regarding the nuances of performing duties.

If an employer loses confidence in a specialist, he may be fired regardless of his status.

False information

Grounds for dismissal or layoff of a single mother also appear if the fact of document forgery is revealed.

This can be expressed in the following situations:

• the diploma was purchased;
• the fact of forgery of seals or signatures was discovered;
• a health certificate was purchased;
• entries were made or destroyed in documents without reason;
• false recommendations were presented.

So, if a woman, in order to obtain a high position, arbitrarily made adjustments to the documents, the employer has the right to fire her if this fact becomes clear.

Registration procedure

The fact of reduction must be documented in a strictly established manner.

In the process of carrying out the manipulation, the company must prepare a package of documentation and provide compensation payments to employees who have been laid off. Disturbing the order is considered illegal.

Documentation

The manipulation must be documented.

The company must prepare:

• updated staffing table;
• order approving the adjusted staffing table;
• order to lay off workers;
• action plan for informing specialists about the upcoming reduction;
• a personal file for each employee whom the employer decided to lay off;
• decision of the commission based on an analysis of the preferential right to remain at work;
• signatures on the order to reduce staff, indicating the date of review;
• a statement from a specialist with a personal signature if he is dismissed;
• an act confirming that the employee was offered an alternative position;
• an act of disagreement if the employee does not want to move to the proposed position;
• an act of consent if the specialist accepts the company’s offer to move to an alternative place of work;
• notification letter to the trade union;
• an act of agreement or disagreement of the trade union with the decision of the company administration;
• protocol of disagreements if additional consultations are held with the trade union;
• act on the absence of a reasoned opinion on the part of the trade union;
• notification to public employment services;
• information for each employee in the employment service;
• dismissal order;
• payment documents signed by the employee confirming receipt of the relevant payments.

The list of papers may vary depending on the individual nuances of the situation.

Thus, documented testimony from witnesses may be required to confirm that the employee was given the appropriate notice, but he did not appear to receive the due payments.

Compensation and benefits

When the dismissal order is issued, the accounting department makes a settlement with the employee.

A single mother is entitled to the following payments:

• severance pay, the amount of which is equal to average earnings;
• compensation for all days of unused vacation;
• salaries since the last payment.

Failure to provide payments is a violation of employee rights.

Protecting women's rights

The protection of the rights of single mothers is ensured by current legislation.

It gives a woman a level 2 priority right. This means that the employer is obliged to leave a single mother with two children if the choice is between her and a woman with 1 dependent.

However, if the company has to choose between a woman raising a child alone and an employee who is superior to her in qualifications, the choice will be made in favor of 2 employees. In this case, the woman may be offered an alternative option.

Video about women's rights

 

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Source: http://nam-pokursu.ru/sokrashhenie-materi-odinochki/

The procedure for laying off a single mother from work - when is it possible and how does it happen?

At any enterprise, a situation may arise when it is impossible to do without staff reduction. However, it should be remembered that according to the current legislation of the Russian Federation, not all categories of citizens can be reduced. Particular attention must be paid to employees who have children.

Is it possible to lay off a single mother, under what circumstances is this permissible, how to formalize the procedure, and also what responsibility the employer will bear if he illegally fires a single mother, we will look in more detail.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 938-46-18. It's fast and free!

Show content

Can a single mother be fired from her job by law?

Single mothers in Russia are women raising children without a spouse (second parent). According to Articles 261 and 263 of the Labor Code of the Russian Federation, it is impossible to reduce single mothers who have dependent children under the age of 14 years. Single fathers have the same privileges.

However, there is an exception to the above rules. The abbreviation is allowed:

1. If the organization completely ceases its activities due to liquidation.
2. When an employee’s child turns 14 years old, the woman can be laid off in the general manner.
3. If a position occupied by a single mother falls under redundancy, the employer must offer her another job that will fully correspond to the worker’s skill level. If such a place is not available, then the employer is obliged to offer a lower position at the same enterprise (Article 81 of the Labor Code of the Russian Federation). If a single mother is not satisfied with the proposed vacancy and the employee refuses it, then this point is recorded in writing. In such a situation, the employment contract is considered invalid.

Read more about whether it is possible to fire a single mother and the nuances of the procedure here.

How to lay off an employee?

Downsizing is a labor-intensive process and involves a lot of paperwork.

The decision to terminate the employment contract and notify the employee

At the first stage, the management of the enterprise draws up a memo in which it writes that some employees are not in demand due to a decrease in the volume of work. Accordingly, in order to optimize costs, it is necessary to reduce the number of staff .

The note can include reports, a cost reduction plan, and an economic analysis. Based on these documents, the company’s management decides at a meeting to eliminate certain positions.

Next, in order to determine the preemptive right, the personnel are assessed for their qualification level, based on the results of which a final decision is made on the dismissal of the specifically selected employee.

 

After the decision is made, an administrative document on the reduction is issued.

According to the adopted legislation, each employee must be notified of an upcoming layoff at least two calendar months before the date of the event.

In this case, the worker is required to sign that he received the notification. The notification is always generated on behalf of the head of the organization (director, manager, general director).

However, other authorized persons draw up the document. These could be secretaries, lawyers, personnel officers and even accountants. In any case , the persons who draw up the document must be specialists with the necessary level of knowledge to correctly fill out the document.

There is no standard, unified notification template. In this regard, the company can draw up a notice in any form, or make a corporate template and use it. Your own sample form must be recorded in the company’s accounting policy.

A correctly completed alert includes the following information:

1. Full name of the company.
2. The current date of document generation.
3. Date of proposed dismissal.
4. Reasons for dismissal.
5. Link to administrative document.
6. Suitable available positions available in the company at that time.

Drawing up orders and filling out personnel documents

The issuance and publication of administrative documents takes place in a standard manner. The order is filled out on the unified form T-8. The dismissal order is drawn up after the decision to retrench has been made and the employee has been notified.

A properly completed document contains the following details:

1. Date of dismissal.
2. Name of the enterprise.
3. Full name of the employee, personnel number, department and position.
4. The reason for the cancellation of the employment agreement is layoff.
5. Link to legislative acts.
6. The name and number of the order, which serves as the basis for the actions taken.
7. Date of formation of the order.
8. Signature of the laid-off employee after reading the document.
9. List of responsible persons and their signatures.

The work book is issued on the last working day. Before this, the employer is obliged to make a corresponding note in the document.

The entry must contain the number of the administrative document and its date, as well as the reason for dismissal and a link to current legislation.

Upon receipt of the work book, the employee must sign in the company’s internal documentation journal. A personal signature will confirm the receipt of the document in hand.

Additionally, HR officers must enter all information about dismissal due to reduction in the employee’s personal file, enter the date of departure, the reason and indicate the order numbers as the basis.

According to Article 25 of Law No. 1032-1 of April 19, 1991, it is required to notify the employment service. This must be completed no later than two months before the start of the downsizing process.

In case of mass layoffs, the period increases to three months. There is no single form of document at the legislative level, so companies create the document independently in free form.

 

1. Full name, profession and position of the person being laid off.
2. Qualification requirements and working conditions of the employee.
3. Date of preparation of the document.
4. Timing of employee layoffs.
5. Full name and signatures of authorized persons drawing up the document.

If the employer does not notify the Employment Center (employment center) in a timely manner, then he faces punishment in the form of administrative liability (Article 19.7 of the Code of Administrative Offenses of the Russian Federation).

Payments and deadlines for receiving them

The list of payments includes the following charges:

1. Wages for actual hours worked in the pay period.
2. Average monthly salary. During the first two months, and sometimes three, after a layoff, if the employee has not yet found a new job, then by law she can receive an average salary.
3. Additional compensation. In case of early dismissal, the employer is obliged to make a payment in the amount of average daily earnings for all days remaining before the expiration of the notice period.
4. Cash reward for days of unused vacation.

All payments must be accrued to the employee on the last working day and no later.

If the child of a single mother has reached the age of 14, then dismissal due to redundancy is completely legal. In this situation, you need to go to the labor exchange and look for a new job. In a situation where a single mother was fired illegally, she must be able to competently defend her rights . To do this, the employee must write a complaint to the labor inspectorate, the prosecutor's office, and, if necessary, to the court.

Read also: Help for schools in Belarus 2020-2021: for large families, for the poor, targeted

By decision of the judicial authority, the employee who suffered may be reinstated to his previous position or receive compensation for the harm caused from the employer. The employer faces administrative liability.

According to the legislation of the Russian Federation, the employer will receive penalties in the form of penalties, namely:

1. For officials - from 1,000 to 5,000 rubles.
2. For individual entrepreneurs - from 1,000 to 5,000 rubles. or suspension of the company's work for a period of no more than 90 days.
3. For legal entities - from 30,000 to 50,000 rubles. or suspension of work for up to 90 days.

The court may order payment of compensation to the worker in the amount of money not received after illegal layoffs.

Thus, laying off a single mother if the child is under 14 years old is strictly prohibited . Such an action is allowed only if the organization completely ends its activities due to liquidation. However, when the child turns 14 years old, the employee can be laid off on a general basis. The procedure is accompanied by numerous documents.

It is very important that the company management promptly notifies of the intention to lay off due to reduction. If an employer illegally lays off an employee, he will be fined or his activities will be suspended.

Source: https://urexpert.online/trudovoe-pravo/uvolnenie-s-raboty/sotrudnikov-s-detmi/materi-odinochki/tonkosti-i-nyuansy-sokrashheniya.html

Single mother. Is it possible to lay off an employee?

source: Yandex pictures

A single mother of a child under 14 years of age or a disabled child under 18 years of age cannot be fired at the initiative of the employer. Exceptions are liquidation of the company or dismissal due to the guilty actions of the employee specified in Part 4 of Art. 261 TK. The law does not specify who a single mother is. Because of this, disputes arise. The article uses examples to examine the circumstances that workers refer to when trying to prove the presence or absence of preferential status. Find out what the courts pay attention to, how to minimize the number of disputes and prove abuse of rights on the part of the employee.

Situation 1. The child’s father has been deprived of parental rights, is very ill or in prison

source: Yandex pictures

A single mother is a woman who, as a single person, fulfills parental responsibilities for the upbringing and maintenance of her or adopted children (clause 28 of the Resolution of the Plenum of the Supreme Court of January 28, 2014 No. 1, hereinafter referred to as Resolution No. 1). A woman can confirm her preferential status with a child’s birth certificate with a dash in the “Father” column or with a certificate from the registry office in form No. 25, which indicates that the entry about the child’s father in the birth certificate was made according to the mother’s words. In addition, the woman can submit documents confirming that the father is absent due to the fact that he:

• - died, deprived of parental rights or limited in them;
• - recognized as missing, incompetent, or partially capable;
• - cannot personally raise and support a child due to health reasons;

By the way: if an employee has three or more children under 12 years of age, then she has the right to demand that she be provided with annual paid leave at a time convenient for her (Article 262.2 of the Labor Code).

Also, on the basis of a collective agreement, an employer can provide a single mother with additional annual leave without pay for up to 14 calendar days (Article 263 of the Labor Code).

- serves his sentence in institutions that carry out a sentence of imprisonment (clause 28 of Resolution No. 1).

Conclusion. In these circumstances, a woman cannot be laid off, unless her new husband has adopted a child.

source: Yandex pictures

Situation 2. The employee and the child’s father are divorced and live separately

The list of circumstances under which a woman is recognized as a single mother is open in Resolution No. 1. The main thing is that the employee proves that the father is avoiding raising the child. Divorce and separation in themselves do not indicate this.

Judicial practice The employee considered dismissal at the initiative of the employer to be illegal, since she is a single mother who is raising a child under 14 years old. The courts sided with the company. The employee did not provide evidence that would clearly indicate that she is the only person exercising parental responsibilities. Divorce and separation in and of themselves do not mean that the employee is a single mother. There is no evidence in the case that the child’s father is evading parental responsibilities (appeal ruling of the Sverdlovsk Regional Court dated August 12, 2015 in case No. 33–11799/2015).

In another case, an employee was raising three children. When she was laid off, the woman went to court. In addition to the fact that the marriage with the children’s father was dissolved, the employee indicated that he is a Group III disabled person. However, the court found this insufficient to recognize that the man does not take part in the children’s lives and does not bear the costs of their maintenance.

During the case, the court found that the writ of execution for the collection of alimony was not presented to the employee for execution. In addition, when dismissing the woman, she did not refer to her status as a single mother. The company only had information contained in the personal card about the presence of children and divorce. The court declared the dismissal legal (appeal ruling of the Moscow City Court dated 04.12.

2018 in case No. 33–48121/2018).

Conclusion. Single mother status is not automatically granted due to divorce or separation. These circumstances in themselves do not indicate that the father does not fulfill the responsibility for raising and maintaining children.

source: Yandex pictures

Situation 3. Father does not pay child support

Workers often justify their status as a single mother by arrears in child support. However, this fact does not always indicate the need to provide benefits. What matters is the size of the debt, the period of the debt, and whether the father is involved in the child’s life in any other way.

From the court decision: “The presence of arrears in alimony in the amount of *** in itself, in the absence of other evidence confirming evasion of the parent’s responsibilities for the maintenance and upbringing of a minor daughter, does not indicate evasion of the child’s father from fulfilling his parental responsibilities. On the contrary, in the statement of claim P. refers to the fact that he receives alimony from the child’s father in the amount of , which confirms the fact of participation in the maintenance of the child” (appeal ruling of the Tver Regional Court dated September 27, 2016 in case No. 33–4128).

In another case, on the contrary, the court sided with the worker. He took into account that the father has not lived with his ten-year-old child and his mother for eight years, evades paying child support, and the debt on it amounts to more than 750 thousand rubles. For June 2017 - April 2018, the father paid only 22.5 thousand e.

He does not provide any other help, does not educate, does not support morally or financially. Moreover, in connection with evasion of alimony payments, he was put on the wanted list. In addition to written evidence, the court took into account the testimony of witnesses.

The employer's argument that the employee does not receive social support measures as a single mother was not accepted by the court. A certificate from social security only confirms that the woman was not registered as a single mother. This fact does not exclude the possibility that she is raising the child alone.

The court reinstated the woman at work (appeal ruling of the Irkutsk Regional Court dated November 22, 2018 in case No. 33–10202/2018).

Conclusion. The outcome of the case to reinstate the employee at work is influenced by how much child support the father owes, whether he is trying to pay off the debt, whether the woman demanded that the debt be forcibly collected, and whether there is other evidence that the father is not involved in the child’s life.

source: Yandex pictures

Situation 4. The employee’s new husband did not adopt the child.

Justifying the refusal to provide benefits under Part 4 of Art. 261 of the Labor Code, employers refer to the fact that the woman entered into a new marriage, which means she lost her status as a single mother.

In response, the workers say that the new husband did not adopt the child. In such cases, it is risky to lay off an employee, since the practice is heterogeneous.

Some judges believe that a woman can be a single mother even if she is married.

Judicial practice A laid-off employee demanded that she be reinstated at work, since she is a single mother who receives appropriate payments. The child's father is unknown. The court of first instance did not see any grounds for applying Part 4 of Art. 261 of the Labor Code, since the plaintiff entered into a second marriage and has a common child with her husband. The appeal considered otherwise: there are no rules that would say that a woman automatically loses her status as a single mother after marriage in the absence of information about the adoption of a child. According to the woman’s explanations, her husband did not adopt the child, does not provide financial support, and the family does not maintain a joint budget. The court also took into account that she and her children were registered at the plaintiff’s address, but not her husband. Consequently, there is no reason to believe that the plaintiff’s husband exercises parental rights and responsibilities in relation to her child. The court reinstated the woman at work. The Cassation Court agreed with the appeal, pointing out that recognizing a woman as a single mother is not related to whether she is married (resolution of the Presidium of the St. Petersburg City Court dated January 16, 2019 in case No. 2-477/2018).

The Moscow City Court came to a similar conclusion in its appeal ruling dated April 18, 2016 No. 33–12918/2016. The court reinstated the mother of a disabled child, whose father had been deprived of parental rights, at work, despite the fact that the employee had remarried.

Other courts have held that a woman loses protection from dismissal the moment she marries.

Arguments: being in a registered marriage, living with her husband and child as one family, the employee has the right to count on her husband’s help, including financial assistance, his care for all family members, and actual participation in raising the child (appeal ruling of the Moscow City Court dated September 16, 2014 in case No. 33–21339/14).

Conclusion. A new marriage does not always deprive a woman of her status as a single mother. It is important whether the spouses live together and whether the husband provides for the child. But even in this case, firing a woman is risky. If possible, in such a situation it is better to separate by agreement of the parties.

source: Yandex pictures

source: Yandex pictures

How to minimize a worker's chance of winning a case

An employee may not say or deliberately hide when leaving that she is a single mother. To minimize disputes, and in the event of a lawsuit, the employee’s chance of winning, include in the notice of layoff a mention that certain categories of employees are provided with protection from dismissal under clause 2, part 1, art. 81 TK.

Example “If you have information about the impossibility of your dismissal due to a reduction in the number (staff) of the organization’s employees due to Part 4 of Art. 261 of the Labor Code of the Russian Federation, please inform the Employer about these circumstances by December 22, 2019 inclusive, and also provide documents confirming these circumstances.”

Note: in addition to single mothers, the following cannot be reduced: - another person who is raising a child under 14 or a disabled child under 18 without a mother; - a woman with a child under three years old; - the sole breadwinner of a disabled child under 18 years of age or a child under three years of age in a family raising three or more young children, if the other parent is not in an employment relationship (Part 4 of Article 261 of the Labor Code).

If after this the employee does not report her status or does not provide supporting documents, she can be fired. If the woman then goes to court, you can refer to abuse of rights on her part.

Judicial practice The employee filed a lawsuit to declare the dismissal illegal. She justified her status as a single mother by the fact that she has a minor child, whose marriage with her father was dissolved. The father lives in another country and has arrears in child support. The court decided that the employee is not a single mother within the meaning of Art. 261 TK. During employment, the employer requested and received from the employee a passport, a divorce certificate and a child’s birth certificate. The woman did not provide any other documents that could confirm her status as a single mother. During the hearing, the court added to the case materials the decision to deprive the child’s father of parental rights. But this did not affect the outcome of the case, since at the date of consideration of the dispute the decision had not yet entered into force. And at the time of dismissal, the employer could not even know about him (decision of the Avtozavodsky District Court of Tolyatti dated January 24, 2019 in case No. 2-2-11402/2018).

In another case, a worker considered herself a single mother because she had two dependent minor children. She presented only their birth certificates as evidence. The court found that this was not enough.

He reinstated the employee, but for a different reason: she was the deputy head of the shop committee of the primary organization, and the trade union did not agree with the dismissal due to the fact that the employer did not take into account the employee’s preemptive right to remain at work (decision of the Dzerzhinsky District Court of the city).

Yaroslavl dated November 21, 2018 in case No. 2–2471/2018).

Another tip: write clear job descriptions. If a woman stops performing her job duties efficiently, hiding behind her status as a single mother, she can be subject to disciplinary action, and if repeated, she can be fired under clause.

5 hours 1 tbsp. 81 TK. It is not prohibited. In addition, if the employer wants to terminate the employment contract by agreement of the parties, then if there are guilty actions on the part of the employee, it will be easier to reach such an agreement on terms acceptable to the employer.

 

Conclusion. In writing, before dismissal, it is advisable for the employer to check with the employee whether she has the status of a single mother or other benefits, and ask her to provide documents confirming the benefits. If the employee refuses and then files a lawsuit for reinstatement, the employer can then claim abuse of rights on her part.

Watch about the dismissal of a pregnant employee on the channel

>>>read the article “New about alimony”

>>>go to website

Source: https://zen.yandex.ru/media/id/5afb4d29256d5c10df008c74/5df23a3dbd639600b1013f58