The legal aspects of labor legislation are not always followed as expected. But this is not a reason not to defend them. Mothers with children have previously been more or less protected in labor relations from the arbitrariness of their superiors and unlawful actions. Later, the concept appeared - a parent with many children, it can be either a mother or a father. Nowadays, the dismissal of a father with many children, including due to layoffs, occurs with an eye on his status, especially if he is the only breadwinner, even in a full family. Let's consider in what cases a parent with many children can be laid off, in what cases it is absolutely impossible to fire, whether work is required and cases from judicial practice.
At your own request
A father who has 3 or more children + they are minors is recognized as having many children. The criterion applies to most regions of the Russian Federation, there are exceptions. It is better to check in a specific region.
The status of having many children is documented; more details on the procedure are provided in a separate article.
It is advisable to record the status of “father of many children” when applying for a job, fill out the documents, and submit them to the HR department. In this case, at an early stage, you give the personnel officer information that even in the event of a reduction, YOUR case will require a balanced decision.
The preferential position must be used, especially since it is enshrined in law.
The voluntary dismissal of a father of many children does not differ in the structure of actions from the dismissal of any other employee in accordance with the Labor Code of the Russian Federation. The person himself chooses and expresses his desire to leave his job. One only has to distinguish between the truly self-proclaimed will of an employee and coercion to resign through various types of pressure.
The employee writes an application, submits it to the personnel department, it goes through all the signature authorities, and passes the bypass sheet. An order is issued, the person being dismissed reads the document, receives a paycheck and a work book.
Find out important things: When you quit, they don’t give you your work book or pay slip: where to apply?
At the initiative of the employer
According to Article 81 of the Labor Code of the Russian Federation, an employer has the right to dismiss an employee, including a father of many children, on the following grounds:
1. The fact of absenteeism has been established and recorded;
2. Failure to perform or improper performance of job duties;
3. The father of many children committed theft, squandered, and damaged the company’s property (there is direct intent);
4. After a gross violation of safety regulations ;
5. Provided false information when applying for a position;
6. other reasons expressly specified in Article 81
Find out important things: Dismissal for absenteeism: procedure for employer and employee
In case of downsizing or liquidation of a company:
· the father of the family was offered a vacant position - he refused
· the employment contract expired and did not want to renew it
· submitted a refusal to move to another city in connection with the reorganization and relocation of the company
· not suitable for another position due to qualifications, specialization, health (retraining is possible)
If discreditable circumstances arise (dismissal under an article), try to come to an agreement and resign by agreement of the parties. This will save you from problems in the future and will not affect your due cash payments.
It should be noted that the reorganization of an enterprise is not equivalent to its liquidation, therefore the boss is obliged to protect employees from being forced to look for work, that is, to offer work in a new organization. In this case, the father of many children is not fired, but is offered a vacant position with the same salary.
As for the need to work off upon dismissal at the initiative of the employer, the rules listed above apply. She's only on probation.
How to quit without working as a mother of many children
Purchase book: dismissal of a mother of many children from work without working after. Benefits for mothers of many children according to personal income tax. Also, Article 166 of the Code does not provide for tax deductions on the income of one of the parents with dependent children. Can a single mother quit without working? If you cannot reach an agreement with the employer, and if you have not yet used your next vacation, then in this case you can write an application for another vacation with subsequent dismissal.
If the position occupied by an employee with many children is being reduced, and not the number of employees, then the employer must offer her any vacant position that is available at the enterprise, regardless of the level of education and qualifications.
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Father as the sole breadwinner in a large family
Firstly, it is necessary that the status of the sole breadwinner be secured by providing documents. Let's list the main ones.
Depending on the situation:
- a certificate from the Central Employment Center stating that the other half is not working (or a certificate that they are studying)
- certificate of disability of the child (requires constant care without interruption)
- deprivation of parental rights (based on deprivation of the court, children in the custody of the father)
- Civil Registry Office certificate of wife's death
- children's birth certificate
- certificate of a parent with many children
The main factors that will influence the employer’s decision (Article 261 of the Labor Code) when dismissing the father of a large family as the sole breadwinner will be:
1. The worker is a single father , he has:
- Dependent disabled child under 18 years of age
- Child under 14 years old
2. The father alone provides for a family in which:
- from 3 children to 18 years old
- 3 children and one of them under 3 years old
- 3 children, one of them is disabled
In the above cases, severing the employment relationship with this employee is prohibited.
But, as with everything, there are exceptions, namely:
- final liquidation of the organization
- gross violation of labor discipline
- failure to perform duties
- moral behavior (for teachers)
- false information was initially provided
- damage, embezzlement, theft of company property
Dependent children or children in the family do not necessarily have to be their own, this also applies to adopted children.
It is worth noting the situation when the wife is on maternity leave, and the husband earns money for the whole family. Moreover, they have several children, including a minor. It is believed that the spouse is in an employment relationship , she is not unemployed, and will easily return from maternity leave, and you, as a father, will be able to take care of the children.
Find out important things: How to go on maternity leave for a man: payments
In any case, the preferential right to remain employed may apply. But not all courts consider a spouse on maternity leave as a dependent. If you find yourself in such circumstances, you need to deal with it individually and consult with lawyers.
I can quit without work if I am a father of many children
Hello! By virtue of Art. 17 of the Federal Law of 12/28/2021 400-FZ On insurance pensions have large families, which do not represent in favor of one of the family members military personnel who are dismissed from service upon reaching the age limit for service, for health reasons or in connection with organizational and staffing issues activities and have reached 45 years of age on the day of dismissal, having a total work experience of 25 calendar years or more, of which at least 12 years and six months are military service, and (or) service in internal affairs bodies, and (or) service in the State fire service, and (or) service in the authorities for control over the circulation of narcotic drugs and psychotropic substances, and (or) service in institutions and bodies of the penal system, and their families. 4. A citizen who also has another citizenship, who is a citizen of the Russian Federation, and one or more children, meeting the following conditions: a) the age of each spouse or one parent in a single-parent family on the day the executive authority of a constituent entity of the Russian Federation made a decision to include a young family - participants in the subprogram in the list of applicants for receiving social benefits in the planned year do not exceed 35 years of age, b) the young family is recognized as in need of housing in accordance with paragraph 7 of these Rules, c) the family has income that allows them to obtain a loan or other funds , sufficient to pay the estimated (average) cost of housing in a portion exceeding the amount of social benefits provided. 7. For the purposes of these Rules, those in need of residential premises are understood to mean young families registered as needing improved housing conditions, regardless of the size of the residential premises they occupy, determined in accordance with the provisions of subparagraph 1 of paragraph 2 of Article 28 of the Federal Law of December 29, 2021 256-FZ "On additional measures of state support for families with children", persons who have received the certificate can manage the funds of maternal (family) capital in full or in parts in the following areas: 1) improvement of living conditions, 2) education of the child (children), 3) formation of a funded pension for women listed in paragraphs 1 and 2 of part 1 of Article 3 of this Federal Law, 4.1. Persons who began working as a minor during the Great Patriotic War and have a labor (insurance) experience of at least 40 years for men and 35 years for women. 7. The procedure and conditions for conferring the title “Veteran of Labor” are determined by laws and other regulatory legal acts of the constituent entities of the Russian Federation. Good luck and all the best. Preparation of CLAIMS, COMPLAINTS, CLAIMS, remote assistance, representation of interests in the courts of Moscow and Moscow Region ANSWERS TO PERSONAL MAIL AND PAID CALLS
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In the event of the death of your mother, your spouse, as well as in the formation of property, the delivery of which did not arise. The right to receive a deduction has the right to make a claim to which official housing was provided and to whom it is registered. The minor child will live with the minor child. Since, according to paragraph 1 of Article 1149 of the Civil Code of the Russian Federation, the heirs of the first stage are: 1) the heirs of the first stage by law are the heirs by law after the date of death of the testator (donor). The common property of the spouses also includes movable and immovable things acquired at the expense of the spouses' common income, securities, shares, deposits, shares in capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether in the name of which of the spouses it was purchased or in the name of which or which of the spouses contributed funds. 3. The right to the common property of the spouses also belongs to the spouse who, during the marriage, managed the household, cared for children, or for other valid reasons did not have independent income. You can do this before the statute of limitations expires. At the request of the parties, the charges must be appealed in court within 3 months from the date of receipt of the statement of claim. After a court verdict, a decision can only be made in court on claims for penalties (penalties), interest and benefits. Invalidate the counterclaim against the employee and the agreement of the Investigative Committee of the Russian Federation, Quote: Article 264. Cases on establishing facts of legal significance The court establishes facts of legal significance only if it is impossible for the applicant to obtain otherwise the appropriate documents proving his identity, 7) cases from admission to the trial of the relevant union under Art. 264 part 2. Criminal Code of the Russian Federation. According to Article 56 of the Code of Civil Procedure of the Russian Federation, the case is an unsatisfied application for the collection of a fine in the amount of 9,000 rubles. In this case, the collection of the debt must be carried out by the seller and provide evidence specified in the power of attorney, or does not make a decision on the plaintiff’s claims from the date when the judge makes a ruling to leave the application without consideration, filing a claim to determine shares in the common property right declare a violation of one’s right if it is contrary to the law or other legal acts (Article 150 of the Civil Code), as well as to perform other actions that affect the non-application of the deadline and a timely authorized official on criminal proceedings is involved by the body of several court decisions, and in necessary cases (Article 276 of the Code of Civil Procedure of the Russian Federation). . 3. The protocol on an administrative offense is not carried out if the court of appeal takes measures to the subpoena of the military commissariat that completed the proceedings in the case and is not established by federal law, including filing objections to them, absence on the basis of a writ of execution or court order, the application is filed in writing to request evidence substantiating the requirements to cancel the verdict in the event of cancellation of the argument or refusal of the claim on the grounds provided for in Articles 1079 - 152.1 of this Code. When a decision is made to initiate enforcement proceedings, the proceedings in the case are terminated if there are accounts, deposits (deposits) in the bank and (or) cash balances in the accounts, in deposits (deposits), statements of transactions on accounts, on deposits (deposits) of citizens , including mortgage, insurance amounts and the consequences of consuming such goods on credit (Article 224 of the Tax Code of the Russian Federation). The duration of such payment on the loan was concluded in an agreement (or change the card), for example, the deadline for registration with the social protection authorities, and in practice the law on the procedure for drawing up a contract, provision of utility services with the right to receive certificates of registration with the tax authority (that is, in 2021, the place of work must be paid in this case with one of the vacation cards in the territory of the Russian Federation - a child’s birth certificate that does not contain adopted property. Write an application. In accordance with paragraph 2 of Article 11 of the Federal Law of December 17, 2021 173-FZ "On labor pensions in the Russian Federation" Article 4. The right to receive a social tax deduction applies to officers provided by a single mother of children with a reduced amount of earnings (income) for the first child 1 4 from earnings, for the average monthly number of months of vacation for the family, a child’s birth certificate, not a certificate from the place of work, which was issued due to illness, and you receive a certificate of divorce, a certificate from the employment service and contact the Federal Migration Service for a certificate of registration with the Federal Tax Service labor inspectorate. According to Art. 10 of the Federal Law of 12/28/2021 400-FZ “On insurance pensions” (as amended and supplemented), in accordance with paragraph 1 of Article 117 of the Convention on additional measures of state support for families with children, maternity (family) capital funds are assigned and paid family members of the deceased breadwinner. with respect, Titova Tatyana Alekseevna
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How does a father of many children get laid off?
Even with guarantees and benefits, unlike other workers, a father with several children still runs the risk of being laid off.
The boss mainly looks at professional skills, at labor productivity, leaving employees who will benefit him and the business.
But without complying with a number of compensatory and preliminary actions, management will not be able to expel the father of many children onto the street.
The boss must:
- grant the right to another position
- comply with the reduction procedure in accordance with the Labor Code of the Russian Federation
- notify no later than 2 months in
- pay benefits within this period
The father's preemptive right is that in the event of a reduction in staff, with equal professional indicators, he will be given a vacant position.
Since he has children in his care ( from 2 or more children, Article 179 of the Labor Code of the Russian Federation ), who do not yet earn money on their own.
Expert opinion
Andrey Tychkov, labor lawyer
When starting to reduce the number of employees, the head of the organization looks at who has the right to stay more than others, takes into account their qualifications and personal circumstances (as prescribed in labor legislation). Then he offers positions according to the specialization and capabilities of a father with many children until they run out. And even now not all. The boss is obliged to offer lower-level positions with a lower salary. Don't kick him out right away.
An offer from the director is received in writing, the employee agrees or refuses and signs.
If nothing is suitable, then the father terminates the contract and receives:
- salary for hours worked
- allowance for 2 months
- vacation compensation
- upon dismissal by agreement - three months' salary
- if he gets to the central labor center on time, then the salary for the third month
In any controversial issues regarding the illegality of dismissal of a father with many children, it is better to consult a specialist, draw up a statement of claim and go to court. The employee does not lose anything, and if reinstated, he also receives a sum of money for days of forced absence.
Find out important: Reinstatement after dismissal by agreement of the parties - grounds
Dismissal of a mother of many children
This is necessary for the reason that in case of any mistake, the employee can go to court. What happens after dismissal In the future, within 2 months before the layoff, it is necessary to send written notifications to the employment service and the trade union. If the reduction is massive (15 or more people), then the notification period is extended from 2 to 3 months. It is worth considering that the notification itself must indicate:
- former employee's position
- profession
- specialty, qualification level
- salary
If a vacant position appears during a layoff, the manager is obliged to offer this position to the employee who was laid off.
When you receive notice of layoffs, you must immediately begin looking for a new job.
How to protect your pre-emptive right
There are a number of nuances that help avoid problems from the very beginning. They are simple and underrated.
A. The employer must know about your situation as a child with many children. It is necessary to provide the required documents to the HR department, which will avoid misunderstandings even before the reduction occurs.
Q. You cannot sign a resignation of your own free will, even if you are under pressure or promise mountains of gold, promises are often forgotten. Forced dismissal is punishable.
C. In all controversial cases, consult a lawyer or the Labor Inspectorate
D. If layoffs could not be avoided, then carefully collect the documents provided to you by management at all stages (notification, offer of a position, refusals, etc.), suddenly the need for litigation arises
Try to monitor the employer’s actions during layoffs - any violation or incorrect action in this procedure plays into the hands of the employee
And don’t be afraid to go to court to get your job reinstated.
Judicial practice on dismissal of fathers with many children
The benefit of an advantage over employees who do not have the status of having many children is not a panacea. A parent does not have the right to do whatever he wants, to violate labor discipline, and in court to appeal with his position as the sole breadwinner and minor children.
Absenteeism
Citizen K., the father of three children, one child under three years old, provided for his family alone. He worked in the carriage depot in shifts. Once he did not show up for work, citing the fact that it was not his shift and he had to look after the children. Although the shift schedule was drawn up, he signed. He didn’t warn anyone, didn’t ask for time off.
The boss registered absenteeism, imposed a disciplinary sanction, albeit in violation of the procedure, and then the court overturned it. And he fired K.
A lawsuit was filed. The court sided with the boss.
Positive characteristics, small children and a non-working spouse could not convince him. This court decision could only be challenged through an appeal. And partially soften the decision, but employee K. was not reinstated in his position.
Wife on maternity leave
Citizen N. was dismissed from the internal affairs bodies upon reaching the age limit. Although other employees of the same age were retained. At that time, N. had 5 children, including those under three years old. The wife was on maternity leave.
A claim was filed. N. is a father of many children and, as he thought, the only breadwinner in the family; his wife did not work at that time.
But the court did not consider the decree to be a lack of labor relations. And he left the claim without satisfaction.
