How to fire a single mother without her consent? Can they and on what grounds?

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Published: 07/13/2018

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Termination of an employment contract is one of those cases when the current norms of labor legislation should be clearly taken into account. In the event that we are talking about the termination of an employment contract and the dismissal of a woman recognized as a single mother or having an equivalent status, it is necessary to comply with the norms of such legislation with special care. Is it possible to fire a woman who is recognized as a single mother? What is the regulatory framework for regulating such a procedure?

• Regulatory basis for dismissal
• In what cases is it permissible to fire a single mother?
• Procedure for dismissal of a single mother
• Features of dismissal

Is it possible to fire a single mother?

The authorities strictly monitor compliance with the benefits and guarantees provided to single mothers. For example, it is possible to terminate an employment relationship only in the presence of serious circumstances.

The procedure for dismissal of single mothers is fixed in the Labor Code of the Russian Federation. Article 261 reflects a list of grounds that allow you to sever a relationship with a subordinate at the initiative of the employer:

• immoral behavior of an employee;
• liquidation and other actions related to the termination of activities;
• health status reflected in the medical report and preventing further compliance with the job description;
• non-compliance with labor regulations;
• culpable behavior resulting in loss of trust.

Attention

The general rules do not apply to the unilateral dismissal of single mothers with children under 14 years of age.

Normative base

The procedure for applying the regulatory framework regarding the work of single mothers is reflected in Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1.

Federal Law No. 256 provides for additional state subsidies for families with children. A single woman who gave birth to 2 babies without male support is also entitled to maternity benefits.

Information about all other support options is contained in labor legislation. The list of guarantees is fixed in Art. 261 Labor Code of the Russian Federation. The employer can terminate the contract with a single mother, but only in the presence of exceptional circumstances set out in Art. 81 of the Labor Code of the Russian Federation (except for paragraphs 2-4 and 9) and in Art. 336 of the Labor Code of the Russian Federation, if we are talking about a female teacher who ignored part 2.

Dismissal of a single mother in different cases

Vulnerable groups of the population are provided with government support. Before parting with a single mother, the employer is recommended to study the norms of the Labor Code:

• Art. 77 on general rules for dismissal;
• Art. 79 on fixed-term working relationships;
• Art. 74 on legal ways to adjust the contract, as well as on the organizational and technological situation at work;
• Art. 179 on preserving the place of work on a preferential basis.

Attention

Failure to comply with the law when terminating a contract can result in serious consequences for the employer - punishment in accordance with the administrative and criminal codes.

Dismissal of a single mother at her own request

Expressing a personal desire to change place of employment (Article 80 of the Labor Code of the Russian Federation) should not and cannot give rise to complaints. But in practice the following circumstances occur:

• a single mother is forced to ask for leave;
• the boss grossly violates labor standards;
• I need to quit urgently.

What should I do? The creation of conditions in a team that force people to leave should be considered by the inspectorate that protects the rights of workers or the prosecutor's office. Only the presence of serious violations on the part of a single mother allows the manager to terminate the employment relationship.

Regular delays in salaries can result in administrative and even criminal prosecution for the director. Such issues are dealt with by the prosecutor's office, the labor inspectorate and the court.

Attention

No one should insist on leaving if a woman raising a child alone managed to change her decision during the notice period. The manager does not have the right to retain a subordinate after the regulated period has expired.

Dismissal of a single mother due to retirement

When an employee decides to terminate his employment due to retirement, the employee must pay attention to an important point: If the reason for dismissal at the employee’s initiative is retirement, the employer must terminate the employment contract exactly within the period specified in the employee’s application (even if this is the next business day).

Example No. 4. Dismissal of a single mother due to retirement.

Employee of ABV LLC Matveeva M.M. decided to stop working due to retirement. She submitted the application on 12/01/2021, the dismissal date was set for 12/02/2021. On the day of the dismissal of Matveev M.M. is obliged to familiarize yourself with the dismissal order, receive a work book and all payments due.

When drawing up an application, there are no special requirements for the document, but a number of criteria must still be met. The application must indicate:

• addressee information;
• information about the applicant;
• information about the document (in this case, “application”);
• text of the statement;
• signature of the applicant, transcript of the signature;
• date of application.

Sample application:

To the Director of LLC "ABV"

Maksimov M.M.

meat processing shop technologist

Matveeva M.M.

statement.

I ask you to dismiss me at my own request in accordance with Part 3 of Art. 80 of the Labor Code of the Russian Federation on December 2, 2021 in connection with retirement.

_______________ MM. Matveeva

12/01/2021

Dismissal at the initiative of the employer

Management often wonders whether it is possible to deprive a woman whose child is growing up without a father of a job if she does not express such a desire?

It is possible, but only under serious circumstances:

• Absenteeism (clause a part 6 of article 81 of the labor legislation).
• Failure to comply with the discipline in force at the enterprise (Part 5 of Article 81).
• Lack of knowledge and skills to obtain a vacant position, identified during the probationary period. The time worked must be paid (Part 3 of Article 81).
• Drunkenness (Article 81, Part 6, Clause b).

Attention

The state protects single mothers in many ways, but they should not break the law.

Dismissal at your own request

What claims can there be if a single mother is dismissed at her own request? It seems like none, but at the same time:

• he may be forced to write such a statement;
• he may be fired due to the employer’s violation of Labor Code norms;
• sometimes you really want/need to quit without working for two weeks.

The same situations can occur for a single mother. In case of voluntary dismissal, the process is the same as for everyone else. The above situations can be dealt with as follows.

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If you are forced to write a statement of your own free will, the employee has the right to complain to higher authorities, as well as to the prosecutor’s office, right up to the court. At the same time, she must understand that if she really has serious violations for which she could be fired, regardless of her status, it is better to heed the requests of her superiors.

If an employee is not satisfied with the situation in the organization, for example, wages are not paid on time, she will have to quit as usual, and it will be quite difficult to win anything. Perhaps it makes sense to fight for justice, but then you need to stay at your place of work and wait a long time for your case to be proven.

Reduction

Reduction of staffing based on clause 2, part 1, art. 81 codes are produced to implement various purposes:

• cost optimization;
• relocation of the company to another city;
• reduction in the scale of the enterprise.

Norms Art. 261 of the Labor Code of the Russian Federation does not allow the dismissal of a single mother, since the type of termination of the employment agreement relates to the will of the employer. The ban applies during the period of independent education of a child under 14 years of age.

Information

A woman performing job duties that the company no longer needs is required to offer another vacancy. Qualification requirements and income level should not worsen the previous situation of a single mother. Only refusal of all possible options allows the employer to invalidate the contract with the subordinate.

Who are single mothers in 2020?

Labor legislation does not contain the official concept of “single mother”. When determining the status of a single mother, employers should focus on Resolution of the Plenum of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1.

The Supreme Court classifies single mothers (under Article 261 of the Labor Code of the Russian Federation) as women raising a child alone, provided that the father of this child:

• died;
• declared missing;
• deprived of parental rights or limited in them;
• declared incompetent (partially capable);
• cannot raise and support a child due to health reasons;
• is in prison;
• avoids raising a child or protecting his rights and interests.

Single mothers also include women who have an appropriate certificate, which is issued when:

• the birth of a child 300 days after the divorce;
• adoption of a child out of wedlock;
• the birth of a child out of wedlock (in the “Father” column of the birth certificate there is a dash or the data is entered in it from the words of the mother).

Liquidation of an enterprise or closure of an individual entrepreneur

The Labor Code gives the director the right to terminate relationships with subordinates, including single mothers, due to the liquidation of the organization. Mandatory conditions: advance notice 2 months in advance and provision of material payment - severance pay.

P. 1 part 1 art. 81, regarding liquidation measures, guarantees employees an average income for 1 month and the preservation of a similar amount during the time spent on employment, but not more than 2 months. There are exceptions: provision of the average salary for the 3rd month, if within 2 weeks the dismissed citizen officially began looking for a job, but could not find anything.

Dismissal of a single mother by agreement of the parties

The separation of the head of an institution from his subordinate by mutual consent is stipulated in Art. 78 of the Labor Code of the Russian Federation and cannot be associated with any pitfalls. The pros and cons for the employee are given in the table.

Dismissal of a single mother at her own request without work

The mere status of a single mother does not give a woman the right to dismissal without service. An employee can leave without working time by agreement with the employer or in the cases established by the Labor Code of the Russian Federation:

• upon enrollment in a university;
• when moving to another locality;
• if it is necessary to care for a sick family member;
• in other situations provided for by labor legislation.

You can learn about dismissal without mandatory service in this article.

Dismissal procedure

A subordinate and a manager may separate for various reasons, as reflected in the Labor Code. Regardless of the surrounding circumstances, the employer must follow the sequence of termination of the relationship.

Preliminary documents

If the dismissal is related to the personal desire of the citizen or agreements reached with the employer, then the initial document is a handwritten statement or agreement signed by the parties.

Attention

Staffing reductions or liquidation measures require 2 months' notice to workers.

If a single mother violates current norms and does not obey the order established at the enterprise, then in order to terminate the contract, the employer must begin by drawing up internal documents - reports and orders.

Order, entry in the work book and necessary certificates

After the director of the organization has signed the preliminary document, the HR specialist must draw up a dismissal order (T-8a). The internal act usually reflects the position held, the true reason for leaving, an article of the Labor Code of the Russian Federation and the period for termination of the working relationship.

The order serves as the basis for making the final payment and creating an entry in the work book. The contents of the papers must be brought to the attention of the single mother against signature. The document on work experience must be returned to the worker on the day of separation.

Information

A certificate in form 2-NDFL may be required by a future accountant if a woman applies for leave, a certificate of temporary disability, etc.

The employee also has the right to request: information about legal rest, copies of employment orders, etc. The former employer must provide the necessary information no later than 3 days from the date of official registration of the request.

Dismissal of a single mother at the initiative of the employer

The state provides labor guarantees to women raising children independently without their father, because Losing their job in such cases puts them in a very difficult life situation.

In what cases is it possible for a single mother to be dismissed at the initiative of the employer? This question interests the workers themselves and many managers who comply with the labor code.

Order and stages

What should an employer do in cases where he cannot continue to provide work for a single mother? To do this, you must follow a certain procedure.

The table shows what stages such a dismissal procedure includes:

Let's take a closer look at the reasons why a single mother can be fired without her consent.

By staff reduction

When an enterprise faces a reduction in staff, the administration needs to take into account that in such cases, Article 261 of the Labor Code of the Russian Federation prohibits terminating an employment contract with a single mother who has a dependent child under 14 years of age or if he is a disabled child under 18 years of age.

In case of staff reduction, the following actions are provided:

• The employee is offered any vacant position that matches his qualifications or a lower level if there is no available equivalent workplace. At the same time, the state of health is taken into account so that the employee can cope with the assigned responsibilities in the new place.
• If there is no such place or the employee refuses the employer’s offer, then he is fired.

The procedure for dismissal is as follows:

• 2 months before the date of dismissal, the employee is personally given a notice against signature or sent by registered mail with a return receipt;
• the dismissed employee is awarded severance pay equal to the average monthly salary;
• While the employee is employed after the calculation, he retains his average earnings for a period of 2 months (including severance pay), but only until a new employment contract is concluded. An exception is the same payment for the 3rd month if the resigned employee presents a certificate from the employment center stating that he has not yet found a job.

In practice, it is impossible to lay off a single mother by law, but there may be other compelling circumstances for dismissal without her consent.

Upon liquidation (closing) of an enterprise

How to fire a single mother if the company closes? If an enterprise is liquidated, then all rights and obligations of such an organization are canceled.

The manager can completely dismiss all employees without exception, but at the same time observe the following measures:

• notify everyone personally about the breakup of the relationship against signature at least 2 months before the event;
• issue a monthly severance pay equal to the average salary;
• pay financial assistance in the amount of average daily income until accepting a new job, but not more than 2 months.

If the conditions are not met, termination of the employment relationship will be considered illegal.

You can read about the dismissal of employees during the liquidation of an enterprise in paragraph 1 of Article 81 of the Labor Code of the Russian Federation.

According to the article

The employer, on the basis of Art. 81 of the Labor Code of the Russian Federation has the right to dismiss anyone for systematic violations of labor discipline, and even a single mother with a child under 14 years old.

You can terminate a relationship with a negligent employee in the following cases:

• Systematic failure to comply with or ignore the rules of labor discipline.
• Irresponsibility in relation to entrusted material assets.
• If you are absent from the workplace without good reason for more than 4 hours, i.e. for absenteeism.
• Coming to work drunk due to the use of alcohol, drugs or toxic drugs.
• If she allowed the disclosure of secret information protected by law.
• Theft of the employer's property or its destruction, embezzlement or destruction.
• Failure to comply with safety regulations.
• If a woman has committed an immoral offense at work (especially education workers).
• The employee used false documents when applying for employment.

All these circumstances give the enterprise administration the right to terminate the contract even with a single mother, not to mention those who do not have such status.

Expiration of the employment contract

A single mother can work at an enterprise, either on a permanent basis or on a fixed-term contract.

If an employment agreement with a single mother is about to expire, the employer has the right to say goodbye to her.

After all, when the woman signed the document, she already clearly understood until what date she would work in this organization, and agreed to this voluntarily.

Therefore, there will be no infringement of her rights.

Dismissal from work of a temporary worker under such circumstances is described in Art. 79 Labor Code of the Russian Federation.

For incompetence

According to the labor legislation of the Russian Federation, it is impossible to dismiss an employee who has the status of a single mother for non-compliance with her position, but she can be transferred to another position or sent to advanced training courses.

The employer still has the opportunity to fire a single mother if she is unable to perform her direct duties due to health reasons. This is indicated in paragraph 8 of Article 77 of the Labor Code of the Russian Federation.

If she refuses to make significant changes to the terms of the contract, the enterprise administration has the opportunity to terminate it (Clause 7, Article 77 of the Labor Code of the Russian Federation).

Thus, on its own initiative, the employer can fire a single mother for disciplinary sanctions that were imposed on her for the reasons stated above.

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Working off

Art. 80 of the Labor Code of the Russian Federation gives the right to any citizen to terminate relations with superiors 2 weeks after notification. An agreement between the parties can reduce or cancel this period. Also, a parent can avoid working time by taking leave or providing compelling arguments (medical certificate, reaching retirement age, moving, etc.)

Attention

In accordance with Art. 71 of the Labor Code, the boss must be notified of the termination of official duties during the probationary period 3 days in advance.

Dismissal of subordinates in connection with liquidation measures requires the issuance of appropriate notices 2 months in advance. At the same time, the manager is obliged to notify the employment service. A manager who plans to exclude a position held by a single mother from the staffing table is also required to notify her of this 2 months in advance.

Payments and benefits

A single mother is entitled to certain payments upon dismissal:

• Monthly earnings.
• Compensation for unused rest time.

Information

Under certain circumstances, the boss may even withhold part of the earnings. For example, if an employee was paid vacation pay in advance, the accountant will deduct it from the final payment. The amount of deduction should not exceed 20% of monthly income (Part 1 of Article 138 of the Labor Code of the Russian Federation).

The basis for providing severance pay may be:

1. Liquidation measures. Material support is equal to the average monthly salary.
2. Health status. Art. 178 of the Labor Code of the Russian Federation guarantees the provision of income within 14 days.
   Attention

   An employee who submits her resignation on her own initiative cannot exercise this privilege.

3. Agreement reached. The procedure for assigning this “farewell” payment is not specified in any law, so it all depends on the boss.

The regulatory framework and internal local acts allow the employer to decide on awarding bonuses, allowances and other bonuses specified in the collective agreement (the amount depends on the employer’s decision).

How to challenge dismissal

A single mother can object to the unlawful termination of her employment relationship in court. Servants of Themis are subject to both recovery of lost profits and compensation for moral damage.

Important

In accordance with Art. 392 of the Labor Code of the Russian Federation, the injured employee is given 1 month from the date of provision of the work book or creation of the dismissal order.

The official paper must reflect arguments confirming the illegality of termination of the contract and the exact demands of the victim: restoration of status, compensation for moral shock, etc.

Important

Dismissal of a single mother for illegal reasons threatens the employer with a fine (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

At the initiative of the employer

Sometimes an employer gets into a dead end: it seems like they need to fire/downsize an employee, but they can’t because she’s a single mother. What to do? And really, is it possible for a single mother to be fired at the initiative of the employer?

First, pay attention to whether the employee is a single mother from a legal point of view. There may be nothing to worry about.

If she does, then you need to understand that this does not mean that she should work for you until retirement. There are situations when the employer has every right to fire her. This is usually due to violations of the labor code. A single mother can be asked to leave her workplace if:

• the enterprise is liquidated;
• the woman disclosed information constituting a commercial (or other legally required) secret;
• there were disciplinary sanctions due to repeated failure to fulfill duties without good reason;
• intentional damage to property, its embezzlement or theft has been proven;
• the employee appeared/was at work in a state of drug, toxic or alcohol intoxication;
• dismissal of a single mother for absenteeism (this includes partial absence of more than 4 hours without warning);
• there were major violations of labor protection that resulted or could lead to accidents, harm to the health of employees, etc.;
• an employee - a teacher, nanny or teacher, and committed an act that can be considered immoral, or punished the wards morally or physically;
• the fixed-term employment contract has ended;
• False documents were presented during the appointment.

For employees in management positions, a one-time violation of duties is sufficient for dismissal.

A single mother cannot be laid off unless the enterprise is completely liquidated. As you can see, the list of possible reasons is quite extensive. In other cases, you can try to find a common language or send them to advanced training courses, depending on the situation.