Firing a single mother: when you can lose your job

In each country there are special categoriescitizens, who need additional protection of the state from illegal actions on the part of employers. To them, first of all, should be attributed to women with the status of single mothers. Indeed, they have a hard time, because you need to combine the functions of child upbringing, its development and providing it with a decent life. Therefore, it is the duty of the state to protect the basic rights of such women in many spheres of social life. It is article 261 of the Labor Code of the Russian Federation that clearly regulates the main reasons why, on the initiative of the employer, it is impossible to dismiss a mother single-handedly from work officially and without legal violations, if her upbringing is a child under fourteen years old or a disabled child up to eighteen years of age. There are several of them, and the main ones are:

reduction in the number of employees of the enterprise, company or other organization where such a woman works;
her incompatibility with her position;
change of the owner of the enterprise or the company with which the labor activity of a single mother is connected.

However, Article 81 still provides grounds forlegal dismissal of women of this category. In principle, these factors do not differ from those that serve as an excuse for terminating employment relations with any careless employee. So, the legal dismissal of a single mother is possible for any of the reasons listed below.

Liquidation of the business entityNo company, company or state organization is immune to large financial losses or other factors that endanger their continued existence. Therefore, if for some reason the activity of an enterprise where a single mother works is terminated, for example, a company or production went bankrupt or their profitability does not satisfy the owners, forcing them to wind down their business, then employees are dismissed without their consent. The same can be said about the individual entrepreneur: he, ceasing his functions as a subject engaged in any type of activity, can unilaterally sever the labor relations with employees, including with single mothers, on legal grounds. All these points are reflected in paragraph 1 of Article 81 of the Labor Code of the Russian Federation.

Violation of labor discipline Unfairworkers are among most categories of citizens. And, as a rule, employers, faced with such employees, can dismiss them on their own initiative. Therefore, if a single mother systematically violates the labor discipline prescribed at the enterprise or in the company and has a corresponding recovery plan, then the employer lawfully terminates labor relations with her. This is reflected in paragraph 5 of Article 81 of the TC of the Russian Federation.

Unfair attitude towards the entrustedMaterial (monetary or commodity) values The materially responsible persons should pay the utmost attention to their duties. For them, gross violations of labor discipline are completely unacceptable. After all, these people are responsible for the company's cash and commodity values, and with their negligence they can greatly shake the trust of the leadership and lose their jobs on absolutely legal grounds. For single mothers, there are no exceptions in this case. This is detailed in paragraphs 6, 7 of Article 81 of the LC RF.

If a single mother allowed herselfabsent from work for a whole day or a shift, no matter what their duration, without valid reasons, it can be dismissed for absenteeism. The same applies if the employee did not appear in her place for more than four hours during the shift or a day's work and did not provide documents that justified her absence. Although single mothers also have to leave work in some cases to solve urgent problems, because there is no one else to do it, but it is not worthwhile to abuse the patience of the leadership. More details can be found in paragraph 6 of Article 81 of the LC RF.

Presence in the workplace in a state,Indeed, such behavior must be punishable by dismissal, since such an employee poses a threat not only to himself. After all, through his fault, other people may suffer, if the work is connected, for example, with motor transport or another sphere that provides for responsibility for human lives. Therefore, the fact that single mothers are sanctioned in this case, as well as to all other workers, can not cause a negative reaction. For more details, see paragraph 6 of Article 81 of the Labor Code of the Russian Federation.

Disclosure of secrets protected by lawcases when in connection with the production need for an employee in the status of a single mother, commercial, official, state or other information of a secret nature that she has no right to make public is known. Usually, the worker is notified in writing and the appropriate receipt is taken. There is also a ban on the disclosure of personal data of other workers and employees. More details can be found in paragraph 6 of Article 81 of the LC RF.

Theft of property, its waste or destructionPerfect in the place of work theft of someone else's property, both in small and large amounts, is the legal basis for the perpetrator or culprit to be dismissed lawfully, even if it is a single mother. The same applies to embezzlement and deliberate damage or destruction of any commodity-monetary values of an enterprise or other employee, if such a fact is recognized by the appropriate instances as a crime or an administrative offense. This is reflected in the same paragraph 6 of Article 81 of the LC RF.

Disregard for the rules of protectionLabor If the employee of the company violated the requirements for labor safety and this caused an accident, an accident, a catastrophe at work or a real threat of such events, then for this are dismissed at the initiative of the employer of all the perpetrators, even single mothers. However, such a penalty is legal only if there is an appropriate act on violations from the commission or the commissioner for labor protection. More details can be found in clause 6 of the same 81st article of the LC RF.

Immoral misconduct If the work of a single motheris connected with the performance of educational functions (teacher, school director, head teacher, assistant educator, etc.) and at the same time she committed a deed that contradicts the rules of dealing with children and basic moral standards, then they can dismiss her on the initiative of the leadership. Since the essence of such a misdeed does not really give grounds and opportunities for continuing work, there is only one way out - the dissolution of labor relations. For more information, see item 6 of Article 81 of the LC of the Russian Federation.

Employment on Forged Documents Sometimespeople need work so much or they want to take an important position, which they try to achieve by any means. And they often go for deliberate falsification of documents, for example, a sanitary book or a diploma. It happens that such cases are never disclosed by anybody and remain only on the conscience of the employee himself. But often the information that important documents are fiction, still comes out, and then the employer simply must terminate the employment relationship with such an employee. And the status of a single mother here will not help. More details about this can be found in clause 11 of Article 81 of the LC RF.

Termination of the employment contract Single mothercan be dismissed on legal grounds if the period during which her employment agreement with the employer has expired and he does not want to renew it. Indeed, this happens quite often, but it is legitimate, because a person knowingly knew about the period for which he was given work. Therefore, it can orient and find a different place on time. This is described in detail in Article 79 of the Labor Code of the Russian Federation.

There are a few more points that giveThe possibility for the employer to terminate labor relations with a woman in the status of a single mother, for example, her inability to perform her duties due to her state of health (clause 8 of Article 77 of the TC) or the refusal to amend the material terms of the employment agreement (clause 7 of Article 77 of the TC). These reasons are also common to all workers. Summing up, it should be noted that the Labor Code itself is written in order to maintain a balance between the interests of employees and employers. And in order to properly implement the laws of the country, they must first be thoroughly studied. This applies to us, employees, and those who provide us with jobs. But often it happens that exactly unprotected categories of citizens, for example, single mothers, are simply forced to be well-oriented in their rights to avoid illegal actions by unscrupulous employers. And this, as a rule, is never superfluous. We advise you to read: