Dismissal on maternity leave: at the worker's own will, compensation

When an employee can lose their job

The rights of expectant mothers are protected by law, andThe employer does not have the right to reduce them on his own initiative. 70 days before the birth of the child, the woman receives a sick leave certificate and goes on maternity leave for 140 days.Dismissal on maternity leave is unprofitable for a womanPhoto: Getty At this time and after the appearance of the baby, the reasons for losing a job should be exceptional or valid:

The closure of the enterprise. At liquidation, when the organization ceases to exist, everyone is dismissed. But in the case of reorganization, change of the name or legal form of the enterprise and with the reduction of staff, the dismissal does not apply to pregnant women and dekretchits.
Agreement of the parties. By mutual agreement, the employee signs consent to dismissal. It should be borne in mind that a woman loses payments while her experience can be interrupted.
Completion of the term of the employment contract. Dismissal is legal, but it happens only after the completion of maternity leave.

An employer has no right to pressure a woman into leaving the company.

Dismissal at own discretion

For various reasons, a woman may want toquit, although such a step is not beneficial to her. According to the law, after filing an application, the employee is obliged to work for 2 weeks, but by this time the expectant mother has most likely transferred her affairs to other people or a temporary employee has been hired in her place. With the consent of the employer, the employment relationship can end immediately after filing the application or after a few days, which are necessary for performing accounting calculations and preparing documents. The work book is issued in person or, upon request, sent by mail.

Dismissal procedure and compensation

First, the woman submits a resignation letter or2 months before dismissal, she is presented with a notice of liquidation of the enterprise. All orders must be signed by the employee, confirming that she has read them. She is given a work record book, where there is an entry about the reason for dismissal, other documents, the arrears in wages and the following charges are paid:

unused vacation is compensated;
the severance pay is equal to the average monthly salary;
payment for employment if you want to go to work.

If a woman registers with the serviceemployment, she can receive unemployment benefits or child care benefits at her discretion. The amount accrued for sick leave during pregnancy and childbirth must be paid in full. In case of illegal dismissal, the woman on maternity leave should contact the labor inspectorate or resolve the issue through the court. Although the proceedings may take a long time, she has a good chance of winning, since the law protects the interests of the young mother.