Dismissal of people with many children: mother, father, without work

The relationship between employee and employer is considered in the Labor Code, including dismissal.

Article 80 of the Russian Labor Code indicates mandatory warning to management about termination of the employment contract 2 weeks before the due date.

Most employees perceive this period of time as working off. It is almost impossible to avoid it. Dismissal of a mother of many children without work requires some nuances.

Dismissal of a mother of many children

The dismissal of a woman who has the status of a mother of many children is associated with some peculiarities. The Labor Code of the Russian Federation strictly monitors the observance of the rights of workers related to this status.

Can a woman in this status resign on her own initiative?

A mother of many children, like any citizen, is given the right to resign on her own initiative. There is no need for valid reasons or reasons for such an action. The employer has no right to interfere with the employee. Otherwise, it will be considered a violation of rights.

The procedure for dismissing a mother of many children at her own request is standard.

A woman must write a statement addressed to the director indicating her desire to resign from this position and workplace.

In this case, you should indicate the date from which all relations with the employer will be terminated. It should come no earlier than in two weeks. This time is given to find a new employee.

The administration of an enterprise or company has no right to interfere in the process.

Dismissal of a mother of many children without work

The Labor Code states that every employee is required to notify his superiors 2 weeks before dismissal. A mother with many children must follow the same procedure. There are no legal benefits for reducing the term partially or completely.

If necessary, you can negotiate with the employer. If the reason for urgent termination is valid (illness of the children), then the management may make concessions and exclude the work of a mother with many children. Such reasons are not specified in the legislation; their importance is determined only by the manager.

There are several other situations when a mother with many children may not work:

• if she is on sick leave and temporarily disabled;
• if the termination of the employment contract is preceded by a vacation.

In other cases, dismissal of a mother of many children at her own request without service is impossible.

Procedure

The procedure includes several steps:

1. Writing an application and submitting it to the administration.
2. Registration of application. Performed by a HR specialist in a special journal. The employee must independently verify that her document has been officially accepted.
3. Issuance of a decree indicating the date noted in the application.
4. Registration of the decree by authorized persons of the organization.
5. Familiarization of the employee with the document. If she agrees with the information presented, she must personally sign.
6. Full settlement with mother. It is appointed on the last working day.
7. Making an entry in the work book and then issuing it to the woman.

Only after all steps for terminating the contract have been followed, the procedure is considered legal.

Statement

An application is a document on the basis of which the procedure begins. It is drawn up in any form addressed to the director of the enterprise or company. A4 paper is used for this.

In the application, the mother must provide the following information:

• subdivision;
• job title;
• basis (own desire);
• date of termination of the contract.

It should be clarified under which article of the Labor Code the procedure is carried out - 77 or 80.

Order and other personnel documents

When dismissing a mother of many children, management should:

• issue an order based on the application;
• fill out a work book;
• issue a personal employee card, which will subsequently be moved to the archive.

The latter is duplicated in the accounting department. On its basis, a mother with many children is paid a salary.

According to the law, the employer does not have the right to prevent a mother of many children from terminating her employment contract. Such actions are an offense.

If the administration does not accept the application, but it is registered with the secretary, after 2 weeks the woman receives the right to leave her job.

If the process was violated, or there was an obstacle from management, the employee has the right to write a complaint and solve the problem through the labor inspectorate or the courts. This should be done within 3 months after the official date of dismissal. The administration of the enterprise will be charged under Articles 5.27, 234 or 236 of the Labor Code.

According to the Labor Code of Russia, a mother of many children is required to submit a letter of resignation at least 2 weeks before this date. A woman is required to work this period even if she has more than 3 children.

Source: https://opekarf.ru/mnogodetnym/uvolnenie-bez-otrabotki

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

The legislation of the Russian Federation is aimed at protecting maternal rights. This especially applies to the field of labor law. The Labor Code of the Russian Federation directly provides for a number of articles limiting the actions of employers in relation to women with children. This applies not only to their employment, but also to their dismissal.

In particular, the dismissal of a mother of many children is allowed only in exceptional cases. Therefore, if the interests of a mother of many children are infringed upon dismissal, she should know what rights the state has granted her.

In this article, we will consider when a woman with several children can be fired, what gives her the title of mother of many children, what is the procedure for her dismissal for different reasons for dismissal.

Conditions giving the right to receive the title of mother of many children

Employers are still not interested in hiring women with several children. Therefore, in the Russian Federation, women in the status of mothers of many children have rights that protect them in the process of labor relations with the employer.

Who can be recognized as a mother of many children? A woman receives this title if she has three or more minor children, not only born to her and registered in the registry office, but officially accepted into the family as legitimate children.

In order to enjoy her rights, a woman’s status as mother of many children must be officially confirmed.

To do this, she must contact the social protection department located at the place of registration indicated in the passport and present birth certificates for each child there.

Based on the documents presented, she must be issued a certificate confirming her status. The age of the children is of no small importance. Children counted:

• under the age of sixteen;
• up to 18 years of age if they study in secondary specialized educational institutions;
• before the age of 23, if they are university students.

The certificate for a woman serves as the main document for receiving certain benefits during work and privileges in the event of her dismissal. It must be presented to the HR department of the enterprise.

If there is no certificate, they are required to accept copies of the birth certificates of all children falling under the categories described above, as well as a photocopy of the page of the mother’s passport, where the data on these children is indicated.

Now either parent can have the status of a parent with many children. According to Article 261 of the Labor Code, certain dismissal privileges are also provided for fathers with many children, if their earnings are the only source of support for the family. That is, the mother is either absent or does not work at all.

Reasons for dismissal of a mother of many children

The dismissal of a mother of many children, like any employee, can occur:

According to the law, no one can prevent a woman from voluntarily resigning. The employer must always meet her halfway and, if the employee wishes, speed up the process of her dismissal.

For the employer himself, according to Article 261 of the Labor Code, a ban on dismissal on his initiative is imposed:

• female workers with children under three years of age;
• a mother raising three or more of her children;
• the parent who is the sole provider of funds to support the family.

He can initiate termination of employment relations only in exceptional cases, having serious grounds for this. Reasons for dismissal may include reasons beyond his control, which include:

Also, grounds for dismissal of an employee with many children may be her own actions that contradict the employment contract, i.e., when the employer’s initiative was provoked by the guilty behavior of the employee herself.

To avoid a conflict situation and dismiss a negligent parent “under the article,” the employer can dismiss her by agreement of the parties.

Such a solution for the employee will be the most favorable under the current circumstances, since it will not spoil her “work history.”

An agreement between the parties can also be used when an employee usually leaves work on her own initiative, if some of the nuances of her dismissal need to be agreed upon with the employer.

Reasons for dismissal due to the fault of the employee

An employer can initiate the dismissal of a mother of many children on the following grounds:

• repeated failure by an employee to fulfill her direct duties in the presence of repeated disciplinary sanctions;
• constant violation of labor discipline without explanation, for example, absence from work for more than 4 hours;
• appearing at the workplace drunk or under the influence of drugs;
• disclosure of secrets of state interest or commercial interest of the enterprise itself;
• intentional damage to property belonging to the enterprise, as well as theft of its funds;
• provision of fictitious documents when applying for a job;
• loss of trust from management, for example, this can happen to a cashier, storekeeper or other financially responsible employee;
• committing acts of an immoral nature, for example, when a woman’s work concerns raising or teaching children;
• violation of established safety regulations, resulting in consequences associated with the death of personnel or causing a serious threat to human health.

Other reasons for dismissal of a working mother of many children that are not related to her behavior are also allowed:

• expiration of the cooperation period when working under a fixed-term employment contract;
• in case of a written refusal of the employee to move to work in another area or new working conditions due to production needs;
• upon written refusal of another job offered due to the impossibility of performing her previous work for health reasons.

If an employee is on a probationary period , and they decide to fire her because, in the employer’s opinion, she cannot cope with the job for which she was hired, or cases of violation of discipline by the employee during the probationary period have been noticed, then he must have good grounds for dismissal. Inconsistency with the position must be confirmed by a competent commission. Violation of labor discipline is also recorded with a written reprimand or reprimand.

The procedure for dismissal on the initiative of the mother

A woman with many children can resign at her own request in the same manner as other employees. This procedure is established by Art. 80 of the Labor Code of the Russian Federation and provides for the sequence of the following actions:

• notifying the employer of the intention to resign by submitting an application to him 2 weeks before the date of dismissal;
• the two-week period is counted from the moment management is notified of dismissal;
• by agreement with the employer, dismissal may occur earlier than scheduled;
• the basis for dismissal will be an order issued by management, in which the employee must sign. The date of the order must coincide with the date of dismissal.

At the request of the employee, the employer may allow her to resign without working off. To do this, it is better for her to justify the reason for the urgency of dismissal in the application. Although, by agreement with the employer, a mother of many children can be fired on any day that she specifies.

On the day of dismissal, a woman is required to be given her work book and make all payments:

• last salary;
• compensation for unused vacation;
• bonuses and payments provided for by the internal documents of the enterprise.

Procedure for dismissal of a mother of many children in case of staff reduction

When a reorganization occurs in an enterprise and therefore it is necessary to lay off some of the employees, it is possible that an employee with many children will also be laid off. But she has the right according to Art. 179 of the Labor Code of the employer's preferential retention at work. For this, it is especially important to have all the documents confirming the title of mother of many children, which were initially presented to the personnel department.

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When laying off workers, the employer is obliged to comply with the procedure established by law:

• create a commission to identify employees subject to dismissal;
• notify employees two months in advance of the upcoming staff reduction and offer the employee with many children all available vacancies in accordance with her qualifications, education and work experience;
• if she refuses the offered position in writing, she must be offered the following vacancies until she agrees with the next job;
• If none of the proposed vacancies suit the employee, the employer may offer a lower-paid job. All this must be done in writing with her signature, both in case of refusal and in case of consent;
• if all vacancies available in the reserve are rejected, the employer has grounds for dismissing the employee due to “staff reduction”.

The employer is obliged to pay her:

• salary for the last working month and all salary arrears;
• compensation for unused vacation days;
• severance pay equal to two average monthly earnings;
• When an employee leaves of her own free will after notification of a reduction in the number of employees, she is entitled to a severance payment in the amount of three monthly salaries.

If the position occupied by an employee with many children is reduced, and not the entire staff, the employer is obliged to offer her another vacant position, regardless of her qualifications and education.

If she agrees with the proposal and moves to a lower-paid job, then during the month following the transfer, the company is obliged to maintain her previous salary as an additional measure of support.

Important! A mother who is on maternity leave for up to three years cannot be fired by law. Consequently, if she is a mother of many children, then this fact serves as protection against her dismissal.

The employer has a great responsibility for correctly carrying out the procedure for dismissing a mother who has many children, in order to avoid future claims on her part that reach court disputes.

If an employee files a lawsuit and challenges her rights, the employer will be forced to rehire her for her previous job while maintaining her previous earnings, as well as pay for the forced time away from work and the moral damage caused.

Features of dismissal by agreement of the parties

The procedure for dismissal in this case is somewhat different from the procedure initiated by one of the parties. Here the interest comes from each side:

1. First, the employer negotiates with the employee a mutual decision to terminate the employment contract. Then the agreement itself is drawn up in the form of an official document. Its text contains the grounds for dismissal, its conditions and the date on which this will happen.
2. Then a dismissal order is issued, which the employee is introduced to;
3. The accounting department makes all payments on the day of dismissal, and the personnel department issues a work book.

Dismissal on the basis of the Agreement is distinguished by its non-conflict nature, since all its nuances can be discussed in advance in the document, including exemption from work and the amount of all payments. The employer may additionally assign benefits, the amount of which is not limited by law.

After such dismissal, he is insured against the employee going to court with a claim against him, except in the situation where the agreement was drawn up under pressure from him. Especially if he included unfavorable conditions for the employee in this document.

In this situation, the employee can file an application with the labor inspectorate, as well as the prosecutor’s office, and defend her rights.

Source: https://lawinfo24.ru/trudovoe-pravo/uvolnenie/uvolnenie-mnogodetnoj-materi

Labor Code: dismissal without service - 2 weeks, Article 80, pensioners, father of many children

Business relations between an employee and his superiors are regulated by the Labor Code. Dismissal without service is the legal right of a resident of the Russian Federation to leave his position at any time. Does an employer have grounds to require his subordinate to work an additional two weeks after announcing his desire to resign?

Legal side

The phrase “two-week work” is completely incorrect. Based on Article 80 of the Labor Code of the Russian Federation, the employee must notify his director of his intention to terminate cooperation.

This refers to the notice period, and not the additional obligations of the employee to his employer. But among citizens this period is usually called “two-week work.”

According to generally accepted rules, leaving work without “working off” is impossible: first of all, an application is submitted in writing (it must indicate the basis and reference to the legal acts).

After this, the employer is given two weeks (they begin the day after the employee submits the application) to settle accounts with the resigning employee and find a new person to fill the vacancy.

But practice shows that this formality is not always fulfilled.

Rights and obligations of the employee

The law stipulates that a resigning employee must fulfill certain obligations to the employer.

These include:

• mandatory notification to the director of the desire to terminate cooperation. Based on the conditions for applying for a given position and the reasons for leaving it, the notice period varies - two weeks before dismissal or directly on the day of notification;
• obtaining a work book and all required monetary compensation.

Compensation payments include:

• salary for days worked from the beginning of employment until its completion;
• vacation pay: even if an employee has worked for a week, he is entitled to vacation. If he did not take it, the employer is obliged to compensate everything financially;
• severance pay: some cases of dismissal require such compensation. Sometimes they are specified in the employment agreement.

Dismissal of an employee without working 2 weeks under the Labor Code

Article 80 of the Labor Code of the Russian Federation

Leaving work on one's own initiative is regulated by Article 80 of the Labor Code. It states that voluntary departure is possible subject to certain conditions.

These are considered:

• the legal right of a citizen to terminate cooperation;
• a written warning to the employer of your desire to leave your position;
• notice of resignation must be given fourteen days before the planned departure from work.

In case of agreement between the resigning employee and the director, the duration of the “working off” may be reduced.

In addition, the article provides reasons that allow an employee to stop working at the time of writing an application, even without the consent of the employer.

This list includes:

• official conscription of an employee for military service;
• starting studies at higher or secondary vocational educational institutions;
• reaching retirement age;
• fact of violation by the employer of Labor Code standards.

Pensioners

In Russia, many pensioners continue to work, even if by law they are supposed to rest. They have the same responsibilities as regular full-time employees, but the government of the country provides them with certain privileges.

These include:

• a pensioner can resign without “working off”, based on Article 80 of the Labor Code;
• Pensioners are valued by the employer for their invaluable experience and knowledge, so they are subject to staff reduction only in extreme cases.

Note! In Russia, pensioner status is granted to residents who have reached the age of 55 (for women) and 60 years (for men).

As practice shows, a pensioner has the right to resign on the same day on which he submits a corresponding application to the employer. The Labor Code does not establish a clear time frame in this regard, but the boss should not detain retired employees.

As you know, the government of the Russian Federation often raises the issue of increasing the retirement age. This is provoked by the large number of Russian working pensioners. Organizations and companies are also interested in retaining experienced workers.

In order for a pensioner to resign without further “working off”, he needs:

• draw up an application correctly;
• submit all required documents.

This formality is allowed in cases where a citizen worked in an organization before receiving the title of pensioner.

Of course, the employer may require such an employee to do two weeks of “work,” but if the matter comes to trial, the outcome in most cases will be in favor of the pensioner.

Note! If a pensioner gets a job in a new organization and after some time decides to leave it, the procedure for dismissal will be the same as for other employees: he is obliged to notify the director of his decision 14 days before writing the application.

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Fathers of many children

Fathers of large families work at enterprises on the same basis as other employees. The only difference: minimal risk of being laid off.

If a citizen has expressed a desire to terminate his employment relationship with his employer at his own request, he is obliged to notify his management about this two weeks in advance.

That is, a father with many children must “work” for two weeks if the reason for his dismissal is not specified in Article 80 of the Labor Code of the Russian Federation. The employer may accommodate the citizen halfway and not require work, regardless of the circumstances obliging him to make such a decision.

Procedure

The procedure for terminating employment at one’s own request without working off the work involves:

• determining the reasons that allow you to not go to work for an additional two weeks (reaching retirement age, entering a university, vacation or sick leave followed by dismissal, etc.);
• writing an application addressed to the director;
• transfer of materials or signing of a bypass sheet;
• waiting for a written order of form T-8 and familiarizing yourself with it;
• waiting for the date of dismissal in order to receive a payment;
• receiving a work book with a record of termination of cooperation.

Statement

The correctness of the document is associated with the specific reason on the basis of which a citizen has the right to leave work and not work for two weeks.

We suggest the structure of the application :

• the header indicates the full name of the director, the official name of the organization, the full name and position of the resigning employee;
• in the middle of the sheet the word “Statement” is written;
• the main part indicates the petition, a reference to the Labor Code and the reason for dismissal;
• at the end the date of drawing up the document and the signature of the citizen are indicated.

Sample

If an employee wants to resign upon reaching retirement age or in connection with the start of studies at a vocational educational institution, he must write: “I ask you to dismiss me from my position at my own request on April 4, 2020 due to retirement/enrollment in a university.”

If a citizen wants to take a vacation and leave work, he must write: “Please provide me with 24 days of required vacation from February 28, 2020, followed by termination of cooperation at my request.”

Video: Consultation with a specialist

Compensation

The employer must pay the resigning employee on his last working day. The calculation includes salary, vacation pay or other compensation.

If, due to the fault of the employer, the quitter has not received the money, he will receive an additional payment for each day of delay in the amount of his average daily earnings.

On the last working day, the resigning citizen is required to receive a work book. If the employer delays the procedure, he is also subject to a penalty for each day of delay.

In the work book, the date of dismissal will be only the date when the citizen received this document.

In this case, the dismissed employee must submit a special application to the former boss confirming receipt of labor and monetary compensation and the fact of a change in the date of dismissal.

If for some reason the employer does not return the work, the resigned citizen has the right to go to court. To increase his chances of winning, he needs to file a claim within a month after his dismissal.

If a citizen, for good reason, was unable to go to court within the specified period, he must confirm this fact with relevant documents.

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The employer is exempt from paying compensation for the delay of the work book if the dismissed employee:

• did not pick up the document on the last working day;
• ignores written and oral notices to withdraw work;
• did not give written permission to send the book by mail.

Controversial cases

To better understand the procedure for dismissal without “working off”, we offer several examples of controversial situations.

Option 1

Manager A.A. Leonidova is on sick leave, after which she wants to leave her position. All required documentation is completed correctly and submitted to management. Should a citizen have to work?

Answer: the notice period is counted towards the sick leave period, therefore Leonidova A.A. exempted from "working out".

Option 2

Welder I.D. Mikhailov, who works at the factory, wants to go on vacation and quit. Can he resign during vacation without two weeks of “work off”?

Answer: yes, it can. To do this, the welder needs to write to the plant director an application for leave with subsequent termination of cooperation. In order to avoid misunderstandings in the future, Mikhailov I.D. You must indicate the date the application was written.

Option 3

Source: https://101zakon.ru/uvolnenie/trudovoj-kodeks-uvolnenie-bez-otrabotki/

The procedure for dismissing a mother of many children at her own request. Is it possible to do without working out?

Issues of employment, leave and dismissal of parents with many children have certain features. The labor legislation of the Russian Federation strictly protects the rights of workers who have minor children. At the moment, there is no distinction between the dismissal of fathers and mothers of large families. Both have the same rights and guarantees.

Let us consider in detail how the procedure for dismissing mothers of many children at their own request takes place, as well as what documentation is filled out.

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Can a woman in this status resign on her own initiative?

The dismissal of mothers of many children at their own request is carried out in a standard form according to generally accepted standards. An employee with three or more minor children has every right to resign on her own initiative at any time without any compelling reasons or grounds.

No employer has the right to impose restrictions if a woman has expressed a desire to leave the workplace.

To resign, a mother of many children must write a corresponding statement in which she must indicate the date of termination of business cooperation. If the employer interferes with the dismissal procedure and creates obstacles, this will be regarded as a violation.

Procedure

1. Drawing up a resignation letter. If the document is not written by the employee, the procedure for terminating business relations will be violated.
2. Registration of the application by the responsible employee of the HR department in a special journal. The employee is required to ensure that her statement is recorded in the journal. In this situation, the employer will not be able to say that he did not receive this document.
3. Issuance by authorized persons of the company of an order to dismiss an employee from the date specified in the application. If the employer delays issuing an order, the employee can remind him of this.
4. Registration of administrative document. The employee may not track this stage.
5. Familiarization of the employee with the order and affixing a personal signature to the document. This procedure is mandatory. If the employer is unable to familiarize the employee with the order, for example, due to her illness, then this point must be recorded in the order.
6. A full payment is made to the dismissed woman on the last working day. According to the rules, the day of dismissal is the last working day. Consequently, the employer is obliged to pay the employee at this time.
7. The HR department employee must make an entry in the work book of the dismissed person, as well as in his personal file. Next, a copy of the work book is made for the archive of the personnel service.
8. Issuing a work book to an employee.

Statement

1. The header of the document consists of the name of the organization, the name of the manager or other responsible person, and the full name of the dismissed employee. Next, indicate the personnel number and position of the initiator of the application.

2. The title of the document is written in the middle.
3. The body of the document consists of a request to dismiss a person at his own request from a certain date. Additionally, you can specify an article of the Labor Code of the Russian Federation.

4. At the end, a signature, transcript and the current date of writing the application are placed.

Order and other personnel documents

The T-8 order form serves as the basis for termination of business cooperation and termination of an employment contract. The administrative document must display the following information:

1. Indicate the name of the enterprise.
2. Name of the document (order) and serial number.
3. Formation date.
4. Information about the employee (full name, position, department, personnel number).
5. Grounds for dismissal (link to law).
6. Signing of the document by an employee and authorized persons of the company.
7. Full name and position of the responsible person who has the authority to approve such documents (director, general director, manager, manager, etc.)

After formation and signing, the document must be registered in a special journal. Information related to dismissal is always entered into the individual (personal) card of each worker, which has the T-2 form. This document is created when new employees are hired.

The order data (serial number and date) is entered in the “grounds” line. The date of dismissal is also stated. After the employee has read the recording, he must personally sign.

After all the above actions, personnel officers make an entry in the employee’s work book. It is very important to know a number of rules when filling out a document. These include:

1. There should be no abbreviations in the entry.
2. Information is entered exclusively in Russian.
3. Data are recorded on the last working day.
4. The mark in the work book must correspond to the data specified in the order.
5. After review, the employee is required to personally sign.
6. All dates are entered in numbers only.

Below you will see a sample entry in the work book about voluntary dismissal:

The employee should read the record carefully and check for errors. Otherwise, this may have a negative impact when applying for a job in another organization.

Upon termination of business cooperation on her own initiative, a mother of many children has the right to receive the following payments:

1. Salary for actual time worked in the calendar month prior to the date of departure.
2. Financial reward for all days of unused vacation.
3. If the employment contract contains a clause on severance pay, which is paid upon dismissal, then the employee will receive this payment as well.
4. Benefit on the personal initiative of the employer.

All of the above calculations must be made no later than the last working day. This means that on the day of receipt of the work book and other documents, the employer is obliged to pay the employee in full.

Is it possible to do without working out?

According to Article 80 of the Labor Code of the Russian Federation , any employee who decides to leave the company must notify the employer two weeks in advance. This period is necessary for the employer to find a suitable replacement. This rule also applies to mothers of many children. There are no benefits for them in this article.

However, you can always reach an agreement with almost any employer. If an employee has valid reasons for urgent dismissal (for example, illness of a child), then the employer can meet her halfway and sign a letter of resignation without working off. What reasons are valid at the legislative level is not defined. Everything is decided by the employer himself.

Thus, an employee with many children has the right to write in her application her request for dismissal without work. And the employer will decide whether to allow her to do this or not.

Does an employer have the right to refuse to terminate a woman’s employment contract and what to do if this happens?

The employer does not have the right to prevent the dismissal of a mother of many children on her own initiative. Otherwise, it is regarded as an offense.

If a violation is established, the company’s management may be held administratively liable (Article 5.27 of the Administrative Code), as well as financially liable in accordance with Articles 234 and 236 of the Labor Code of the Russian Federation. You must write a complaint and ask for help at the labor inspectorate or go straight to court.

If all the rules are followed, it is usually enough to contact the labor inspection authorities to put the violating employer in his place. The complaint must describe the essence of the problem, indicate the date of dismissal and the reasons why the director does not want to dismiss the employee. An employee has the right to write a complaint no later than three months from the date of violation of his rights.

Thus, every mother of many children can leave the workplace at any time on her own initiative. To do this, you need to write a corresponding statement and submit it to the head of the organization. The employer does not have the right to create obstacles and force dismissal. Otherwise, he will bear administrative and financial liability.

Source: https://urexpert.online/trudovoe-pravo/uvolnenie-s-raboty/sotrudnikov-s-detmi/mnogodetnyh-roditelej/ujti-po-sobstvennomu-zhelaniyu.html

For a mother with many children, dismissal without work

The Labor Code of the Russian Federation in a number of articles (Articles 77, 78 and 80) provides the opportunity for an employee to stop working on his own initiative. However, with such dismissal, the employee must notify the employer of the upcoming termination of the employment contract two weeks before the day of dismissal.

So, Article 77 of the Labor Code of the Russian Federation and Art. 38 of the Labor Code of Ukraine states that an employment contract can be canceled at the initiative of the employee. The latter, in turn, has the right to submit a letter of resignation by notifying his boss in writing no later than two weeks before the required date of dismissal.

Dismissal of a mother of many children

Dismissal of people with many children is quite easy if an employee with such status writes a statement of her own free will, or signs an agreement with the employer. Otherwise, the dismissal of mothers with many children is accompanied by a lot of personnel work.

Dismissal of a mother of many children

The most advantageous way to terminate a contract for both the manager and employees is an agreement between the parties: in this case, upon dismissal, it is not necessary to work for two weeks, and the quitter, in addition to salary and payments for unused vacation, can receive an increased severance pay, setting its amount at his own discretion. discretion.

In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases ), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Dismissal of a mother of many children without work

Gross violation of assigned job duties, as well as internal labor regulations - absenteeism, entering the workplace in a state of intoxication (drugs, toxic or alcohol). Disclosure of state or commercial secrets. Theft, embezzlement.

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

Violation of discipline is subject to discipline and sometimes dismissal. This law applies to everyone and, of course, mothers with large families are no exception.

Occupational safety and labor discipline make it possible to guarantee labor safety for the entire team.

If the employee received one or more disciplinary sanctions or had other recorded warnings, then she is dismissed under the same conditions as the others. And he no longer has the right to restoration.

Can a mother of many children be fired from her job according to the law?

Russian laws do not contain specific information about under what articles a mother of many children can be fired. For people in this group, virtually the same labor legislation applies as for women with one child. They do not have any special privileges.

Read also: What documents are needed for school in 1st grade: when to submit

Nuances when dismissing a single mother, a mother with many children, or the parent of a disabled child

• By agreement with the employer, in almost 100% of cases they agree to this.
• Go on another vacation with subsequent dismissal (Article 127 of the Labor Code of the Russian Federation).
• Moving to a new place of residence.
• Admission to an educational institution (Article 80 of the Labor Code of the Russian Federation).
• Arrange for care for a sick relative, child, or get sick yourself, etc.

As a standard, a fixed-term employment contract is terminated upon expiration of its validity (Article 79, Part 1 of the Labor Code of the Russian Federation). The employer must notify the employee in writing of dismissal on this basis at least 3 days in advance.

An exception is termination of a contract concluded during the absence of the main employee.

We recommend reading: Reinstating the statute of limitations

Dismissal of a mother of many children without work

An example from life: “A mother of many children, Lukashina Zinaida Pavlovna, acting as a technologist, was hired to work at the Agrosoyuz company, where she conscientiously fulfilled her duties. Due to the child's illness, the woman decided to quit while on sick leave.

Dismissal of a mother of many children at her own request

You can quit right away for legal reasons. There are also categories of citizens who are not required to go to work at the required time. An example of such an application with the subsequent departure of an employee: Application for leave with subsequent dismissal Going on vacation has several advantages: the employee gets additional time to look for a new job; the employer pays vacation pay.

Comment on the dismissal of a mother of many children without work from the labor inspectorate

The legislation also provides for cases when you can leave work three days after management has been informed:

1. in the case when the employee is still on a probationary period;
2. in cases of work under an employment agreement with the employer, for a period of at least two months.
3. if the work provided is seasonal;

The legislation also provides for cases when you will have to work for at least a month:

1. if the employee holds the position of sports coach;
2. if the employee holds a leadership position.
   

   Does a single mother have the right to quit without working time?

   For a mother of many children, dismissal without work. Should I, as a mother of many children, work 2 weeks when fired from work while on sick leave? 1 answer. Moscow Viewed 54 times. Asked 2012-01-30 10:00:38 +0400 in the subject “Labor Law” Work for two weeks - two weeks. more 1 answer. Moscow Viewed 146 times.

   Key points regarding the dismissal of a father with many children: the law and its application in practice

   A father of many children is a man raising at least three children who have not yet reached adulthood. Both natural and adopted children are considered children. Children who do not live with their parents due to education and who are under 18 years of age are also considered children of a large family.

Source: https://zakonandpravo.ru/alimenty/dlya-mnogodetnoj-mamy-uvolnenie-bez-otrabotki

Is it possible for a mother of many children to quit without working time?

They have the right to benefits from the state. Russian laws do not contain specific information about under what articles a mother of many children can be fired. For people in this group, virtually the same labor legislation applies as for women with one child.

They do not have any special privileges. An exception is made only for parents with many children who financially provide for the family without the participation of a second spouse. The employer does not have the right to dismiss them for any reason if one of the children is under three years old.

Find out whether compensation upon dismissal is subject to insurance contributions here. Some norms of the Labor Code of the Russian Federation limit the right of a manager to terminate employment relationships with women, for example, with pregnant women (clause 1 of Art.

261 Labor Code), who are on maternity leave, raising disabled minors, etc. These privileges apply to all women, including those with many children.

Labor Code of the Russian Federation):

• the company is liquidated;
• the employee does not perform her duties and is subject to disciplinary punishment;
• a woman grossly violates the norms of the Labor Code of the Russian Federation, for example, skips work;
• a financially responsible employee committed theft (embezzlement);
• a worker performing educational functions behaves immorally;
• disclosure of confidential data;
• a female manager (deputy) does not fulfill her duties;
• submitted false documents when drawing up an agreement with management;
• a female teacher used violence against her students.

Facts serving as grounds for dismissal at the request of the employer must have documentary grounds. An employee with many children can be dismissed if circumstances arise that do not depend on the wishes of the parties (Article 83 of the Labor Code of the Russian Federation).

Dismissal of a mother of many children

Important

To do this, the woman submits a medical certificate confirming her situation and writes an application to extend the contract. An exception is the situation when a pregnant woman temporarily replaces an employee. She is allowed to be dismissed if there is no other suitable vacancy.

d.). In other situations, a woman with many children may be laid off, like any other employee. Read about whether you can fire an employee on a day off here. When reducing the number of personnel, the employer must be guided by Art.

179 TK.

Dismissal of a mother of many children without work

Attention

Sometimes the opportunity arises to get a more promising position, a higher salary, a favorable schedule, there can be many reasons. Leaving a job of personal choice is the legal right of every person. But when deciding to take such a step, a citizen must know and strictly follow certain rules.

In such a situation, the question arises: is there any opportunity to leave without having to work 14 days? What does the law say? According to the Labor Code of the Russian Federation, an employee is obliged to notify the employer of his intention to leave his post two weeks in advance.

Application for dismissal without work When making a decision to quit, and not wanting to go to work for another 14 days, you should take into account some nuances.

Does a mother of many children have the right to quit without working for two weeks?

The only condition is that the position must be suitable for her health.

If a woman accepts the employer’s offer and transfers to a lower-paid job, then for one month after the transfer, her average monthly earnings from her previous position will be retained. This is an additional supportive measure.

The employer is obliged to comply with all stages of the dismissal procedure for a mother of many children. Otherwise, she can file a claim in court and challenge her dismissal.

The employer will be obliged to return her to her previous place with the same salary (and if the position is reduced, then restore her to the staffing table), pay for forced absenteeism, and also compensate the dismissed employee for moral damages. An employer cannot lay off an employee with many children while she is on legal leave to care for a child.

Important Absence due to illness is also considered time off. An employee also has the right to submit a letter of resignation while on annual leave. These include:

• A person on probation.

Nuances when dismissing a single mother, a mother with many children, or the parent of a disabled child. An example of such an application with the subsequent departure of an employee: Application for leave with subsequent dismissal Going on vacation has several advantages:

• the employee gets additional time to look for a new job;
• the employer pays vacation pay.

Registration of sick leave An employee who is on sick leave, that is, taking days off for health reasons, has the legal right to voluntary dismissal. The employer will formalize the dismissal after the expiration of two weeks upon a preliminary application, which indicates the day of payment.

Dismissal of a mother of many children at her own request without service

Content

• Explanation of terms for parents with many children
• Restrictions on dismissal of large families
• Prohibition of dismissal and exceptions to the rules
• Dismissal of a pregnant woman with many children
• Dismissal of a large family due to staff reduction
• Dismissal of a father with many children
• Work off upon dismissal of a mother of many children

Large families are protected by the state and receive various types of support from it. Specific benefits are established by regional authorities on the basis of Presidential Decree on measures of social support for large families No. 431 of 05.05.

92 (hereinafter referred to as Decree No. 431), articles of the Labor and Housing Codes. Certain rights that mothers of many children have must be officially confirmed.

To do this, you need to contact the social protection department at your place of registration, where they will issue you a certificate for a large family.

On this day, management must:

• issue an official dismissal order;
• make employee calculations.

The work book is given to the employee after the end of sick leave or sent to him by mail. Disability benefits are accrued within 10 days after going on sick leave. Attention Moreover, the rules for hiring a woman with a child and creating the necessary working conditions for her are not even observed. But let's start with dismissal.

○ Labor Code on the dismissal of mothers with children. The Labor Code clearly outlines the list of reasons why a woman with a child can be fired, but in most cases these norms are not observed. Let's consider possible ways to resolve a complex labor dispute - is it possible to fire a single mother or a mother with many children? It is possible, but it must be done according to the law.

[Return] ✔ Single mothers.

• If the dismissal occurs in connection with liquidation, then employees must be notified of this in writing 2 months before the closure of the enterprise, providing a notice against signature.
• If the employee is employed under a fixed-term contract, then the order for her dismissal must be issued and given to her against her signature 3 days before the expiration of the document, otherwise it will be considered concluded for an indefinite period.
• An employer has the right to dismiss an employee without working for two weeks.

In addition, there are several reasons why working two weeks upon dismissal at one’s own request can be canceled:

• The resigning employee fell ill and went on sick leave: in this case, she can be dismissed either before its end or after the certificate of incapacity for work is closed.

Legal social network Employer's order The dismissal order is drawn up in 2 copies:

• One is transferred to the accounting department for calculating payments.
• The second one remains in the HR department.

The order is issued in a special form T-8: Form of dismissal order (Form T-8) Example of filling out form T-8 Entry in the work book An HR department employee must adhere to the requirements of the Instructions on the rules for maintaining work books. When indicating the reason for dismissal, you must:

• Write that the employee was dismissed at his own request.
• Indicate the reason, for example: dismissed at will due to enrollment in training.

Example of an entry: Example of an entry in a work book when an employee resigns at his own request. Deadlines The employee must notify his superiors 2 weeks in advance about leaving.

Is it possible for a mother of many children to quit without working?

The Labor Code of the Russian Federation states that an employer cannot terminate an employment contract with the following employees:

• having children under 3 years of age;
• raising 3 or more children;
• being the sole breadwinners in the family. To confirm this, you must submit the following documents to the HR department:
  • single mother's certificate;
  • a court decision that the father of the children is deprived of parental rights;
  • court verdict to take the father into custody and deprive him of his liberty;
  • a court order confirming the transfer of custody of the children to the mother;
  • father's death certificate.
• whose second spouse is completely devoted to running the household. This fact must be proven!

Despite all the protection from the state, the dismissal of mothers of many children can be carried out at the initiative of the employer.

Source: https://advokat-na-donu.ru/uvolitsya-mnogodetnoj-materi-bez-otrabotki-mozhno-li/