Who is the Sole Breadwinner in the Family

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Published: 06/08/2016

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The situation when, at a certain stage of life, the entire family’s income, all its means of subsistence, is provided by only one person, occurs quite often.

In young families, this situation is quite natural - women of childbearing age give birth and raise one or more children while on maternity leave. During this time, fathers are required to work especially hard, earning at least three to four times the living wage. It is not easy to get such a job; often several candidates apply for one job.

In single-parent families, the role of the sole breadwinner is most often performed by the mother (she actually feeds the children even if the father does not pay child support or provide financial assistance). There are families where grandparents and older children are the sole breadwinners. If the sole breadwinner loses his job, the family, including minor children, is left without means of subsistence .

How does the law protect the interests of “sole breadwinners” in the event of dismissal? Is this status legally secured and what rights does it give?

• There are no guarantees, but it's worth the fight
• How to take advantage of these legal provisions?
• Arbitrage practice
• Sole breadwinner status. How to confirm?
• Are you afraid of cuts? Go on maternity leave!

Who is the sole breadwinner and his privileges

The concept of such status is not provided by any branch of law.

Only Article 179 of the Labor Code of the Russian Federation defines dependents. Based on this definition, we can define the sole breadwinner as a family member who financially supports those dependent on him.

Subjects whose special status has been confirmed acquire various advantages over other employees. Based on the provisions of Art. 264 of the Labor Code of the Russian Federation, such people cannot be involved in performing work tasks at night, overtime, on weekends and holidays. They may be provided with additional vacation days, favorable working conditions, etc.

But the main privilege of such citizens is the preferential opportunity to remain at work during staff reductions, since Art. 261 of the Labor Code of the Russian Federation establishes a ban on terminating labor relations with these people at the initiative of the company.

The list of eligible categories of persons includes:

– Mothers with a baby under 3 years old;

– Women or men (fathers of many children) who are the only parent of a child under 5 years old ;

– Adoptive parents or mother/father raising a young child under 14 years old/a young disabled person who has not reached the age of eighteen

– Single mothers, like fathers, cannot be fired (there are exceptions)

Incentives guaranteed by law for women-mothers, including reduction of working hours at night and weekends/holidays, working overtime, going on business trips, providing additional vacation days, drawing up a preferential schedule, etc., are also valid for fathers raising children alone and guardians .

Provisions of the Review of Legislation and Judicial Practice of the Armed Forces of the Russian Federation in the 1st quarter. 2010, define persons raising a child on their own as those employees who directly carry out the actual maintenance of children when their mother:

– Declared dead or deceased;

– The rights of a parent are limited or deprived;

– Recognized as missing;

– Incapacitated;

– Due to a serious health condition, she cannot perform maternal functions;

– Convicted and sent to prison and more.

Legislation gives men raising minors with their mother the opportunity to formalize:

• Parental leave until the child turns 3 years old;

• Additional vacation days without pay for up to 2 weeks at a convenient time. If they have more than 2 children under 14 years of age (disabled children under 18) .

One parent caring for a minor with a disability is given 4 days off per month. They can be used all at once or separately.

To confirm your position, you will need to provide your employer with:

· Certifying the birth of a child;

· When raising a disabled child, a statement of the diagnosis of the disease is provided;

· In the event of the loss of a mother, a certificate of her death;

· Documentation certifying family or other relationships with the child;

· When the second parent has no source of income, a certificate from the employment center, social security service or an extract from the work record book will be required.

Sole breadwinner status. How to confirm?

• A child's birth certificate and all documents certifying disability are required for a single mother raising a disabled child under 18 years of age.
• A child's birth certificate must be provided to the employer by a single mother with a child under 14 years of age.
• Documentation of paternity, guardianship or conservatorship will be required for those raising a child without a mother, along with her death certificate. If the child is disabled, documentation of disability will also be required.
• The head of a large family is required to provide birth certificates for all children, as well as a certificate stating that the second spouse is registered as unemployed with the state employment service.

You need to calculate maternity benefits correctly! We will help you with this! You can find out how to correctly calculate sick leave during your pregnancy and understand this issue here. You will find out what the maximum period of time you can count on when receiving sick leave is if you follow the link and read our material.

In what cases is it possible to dismiss a breadwinner?

Any employee, even the sole breadwinner, can be involved in the dismissal procedure:

1. The company has been liquidated;
2. The IP has ceased to exist.

An employee is subject to dismissal in the following cases:

1. Based on the results of the certification audit, it was revealed that he does not correspond to the position he occupies.

2. Failure to perform work functions without good reason.

3. Walking.

4. Appearing at work in a state of intoxication under the influence of alcohol or drugs.

5. Disclosure of information constituting trade secrets.

6. Failure to comply with labor safety standards.

7. Theft or intentional damage to the organization’s property, supported by evidence.

8. Loss of trust.

9. Committing illegal actions in the performance of official duties in raising children.

10. Forgery or falsification of documentation.

That is, dismissal can be carried out when the reason is provided for by the legislation of the country. And it is documented.

In what situations is dismissal legal?

Despite the existence of extenuating circumstances specified in the law, single breadwinners can still be fired if one of the following grounds exists:

• liquidation (termination of activities) of the employer;
• failure to fulfill the duties of an employee if a disciplinary sanction was previously applied to him;
• gross violation by an employee of his obligations (for example, absenteeism);
• loss of management trust;
• committing an immoral offense;
• violation of obligations by the head of the organization;
• submission of false documents when applying for a job;
• the use of violence against the personality of a student or pupil.

It might be interesting!

What to do if your employer fires you without warning

When you can't fire someone

The sole breadwinners are given the privileged right to remain at work when the number of employees of the enterprise or staff of the company is reduced, with relatively equal work efficiency or professional training.

This is especially true for single mothers or fathers or family unions with more than 2 dependents who are fully supported by a citizen or receive financial support, which is the main source of their existence.

To insure against such a case, you must confirm your position with documentation in advance.

In a situation where the wife has taken maternity leave at her place of work, from where she receives constant payments, her husband has no right to be considered the sole breadwinner of the family.

Of course, here it is possible for the husband to go on maternity leave to avoid dismissal. The husband has the right to formalize it, while the wife can start working. After a man returns back after maternity leave, it will not be possible to immediately break off the employment relationship with him, because this will require reasons.

Find out important things: Can a pregnant woman be fired - 3 exceptions

But you need to understand that there is a possibility of ruining your relationship with the company. You may even have to look for another job.

By the way, this method is also quite suitable at the end of the employment agreement, when there are no prospects for its extension. If an employee is on maternity leave, he cannot be fired, and the relationship will automatically extend for up to one year.

Considering that a woman will be considered in need of maintenance only when she is caring for children, the employer has the right to dismiss her husband legally. But if the employee has at least three dependent minors , and the other parent is not a party to the employment contract, then he cannot be fired; there is no reason for this.

If such a situation is allowed, it is necessary to appeal such actions to the relevant authorities.

Who can count on receiving a survivor's pension?

Citizens who are not able to work and were previously dependent on them can apply for an insurance pension accrued for the loss of a breadwinner. This rule does not apply to people who, as a result of their actions, created all the conditions for the death of the breadwinner. One of the parents of a deceased (missing) person, a spouse, or other close family members can also count on help from the state. If the court has determined that the citizen is missing, the family can also count on receiving additional funds allocated by the state. In order to accept documents for receiving an insurance pension, representatives of authorized bodies must make sure that the deceased breadwinner has one day of work experience (minimum). Also, the person who expects to receive assistance should not be responsible for the death of the breadwinner.

Filing a complaint to the labor inspectorate

Can be sent in various ways:

· Handed over to the service department with one’s own hand;

· Sent by postal services.

The claim must contain facts of violation of the employee’s rights, certified by evidence.

The application must be accompanied by documents confirming the illegality of the employer’s actions.

Read how to write a complaint to the labor inspectorate.

Regulation by law

Labor Code of the Russian Federation.
Article 261 of the Labor Code states that the dismissal of the sole breadwinners in a family with a child on the initiative of the boss is unacceptable. This article covers not only women, but also men, so if a father is raising children alone, he also does not have the right to fire him without his consent.

For reference! If only one person works in a family (and the second spouse does not work - he is on maternity leave, and so on), then he also cannot be fired if he has minor children.

Cases in which the dismissal of the sole breadwinner is permitted

However, despite the article, there are some loopholes that make it possible to fire a subordinate.

In what cases does a boss have the right to dismiss an employee:

• when closing an organization;
• when reducing the number of employees;
• when an employee provides false documents when applying for a job;
• when serious mistakes were made in working with material assets or money.

Many people wonder whether the only breadwinner in a family can be fired due to violation of discipline. The employer can terminate the agreement with such an employee only if a violation is recorded.

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