Can a pregnant woman be fired?

Protection of the rights of pregnant women is reflected in labor legislation. On December 30, 2000, a new labor code was adopted, which stipulated new guarantees for the rights of pregnant women to preserve their jobs and protect them from layoffs. But violations of their rights, unfortunately, still quite often occur at enterprises of different property rights.

Using the ignorance of most of the population in various legal nuances, dishonest business leaders violate workers' rights. And with the question: "Can a pregnant woman be dismissed altogether and in what particular cases is this lawful?" - prospective mothers, dismissed or received a warning about future dismissal, often ask lawyers. Let's try in this article to describe all those situations in which the administration really has the right to dismiss a pregnant employee and getting into that must be avoided.

1) Can a pregnant woman be dismissed based on the termination of the employment contract?

Yes they can. But only in the event that the termination of the contract is by agreement of the parties, as stated in the seventy-eighth of the Labor Code. In this case, it is important to remember that the day of dismissal is considered the last working day. The employer must return the work book to the employee, make a final calculation and pay all the money due to her. If the contract is terminated on the basis of an agreement of the parties, pregnant women lose their rights to pay maternity and childbirth benefits from their place of work, in addition, on this basis the employer will refuse to pay severance pay.

2) Can a pregnant woman be dismissed based on the expiry of the term of the labor contract ?

No, they can not, because article two hundred and sixty-one of the Labor Code prohibits the dismissal of pregnant women on the basis of the expiration of the contract. In the event of such an event, the employer must extend his term until the maternity leave.

3) Can a pregnant woman be dismissed on the basis of a statement of her own choice?

Yes they can. With the same exact consequences, as in the case of dismissal by agreement of the parties. But there is one nuance. Before the deadline for termination notice has expired and the new employee has not been invited to take his place in writing, the woman has the right to withdraw her application. And after the woman withdraws the application, the administration is obliged to continue working with her before the maternity leave begins.

4) Is it possible to dismiss a pregnant woman due to liquidation of a legal entity?

Yes, you can. The liquidation of the enterprise is the reason for dismissal in accordance with article two hundred and sixty-first of the Labor Code, but in this case, according to article one hundred and eightieth, the employer is obliged to warn the employee about the forthcoming liquidation of the enterprise in writing and under receipt no later than two months before this event. After dismissal, the employer must pay severance pay in the amount of one average monthly salary, according to Article One hundred and seventy-eighth, and also keep the average monthly earnings for the period of job search, but not more than two months, although in certain cases this period may be extended, based on the second paragraph One hundred and seventy-eighth of the article. The maternity allowance in the event of the liquidation of an enterprise is paid in full, and the right to receive it is retained for a year after the termination of employment.

5) Can a pregnant woman be dismissed in the event of bankruptcy of the employer?

Yes they can. All rights to payments for it are retained, but they will be implemented only after the entity has met material obligations to those people who were harmed by the enterprise.