If you quit your job and get pregnant. I quit and found out that I was pregnant. Social Security Assistance

Indicates that The employment contract with an employee during her pregnancy cannot be terminated at the initiative of the employer., with two exceptions:

In all other cases, the answer to the question “is it possible to fire a pregnant woman?” is negative. Even if she concluded fixed-term contract and its duration has already expired - the employer is obliged to extend the contract until the birth or until the end of the maternity leave.

Reference. The law does not give the employer the right to dismiss such an employee even for absenteeism - he only has the right to subject her to other disciplinary punishments provided for by the internal regulations of the enterprise and not contrary to the law (for example, to deprive her of a bonus, etc.).

But does this mean that a pregnant woman cannot terminate the employment contract herself? No. Art. 261 does not contain such a restriction, which means that the provisions of Art. 80 Labor Code of the Russian Federation. Even During pregnancy, an employee has the right to submit an application and resign for at will. However, both sides employment contract It is necessary to take into account a number of features regarding such dismissal.

Procedure

Submitting an application

Art. 80 of the Labor Code of the Russian Federation provides that termination labor contract at the employee’s own will occurs only on the basis of his written application. Therefore, the first step towards dismissing a pregnant employee is to submit this application to her (we talked about how to dismiss a pregnant employee legally). The document can be submitted:

1. To the HR department of the enterprise.
2. The head of the structural unit in which a woman works.
3. Directly to the head of the entire enterprise or personally to the individual entrepreneur.

The specific order of filing is determined by local regulations, operating at the enterprise.

According to Art. 80 of the Labor Code of the Russian Federation, when dismissing at one’s own request, the rule of two-week “working off” applies. This means that the 14-day period begins to run from the day after the application is submitted. It is given to the employer to find another employee to replace the quitting employee.

At the end of this period, the pregnant woman has the right to complete her labor activity: on the last day of the term, all her relations with the employer are terminated.

The warning period established by Art. 80, optional– termination of the employment contract may occur earlier. But without working off, the employer, although he has the right, is not obliged - labor legislation does not contain such a condition.

If the head of an enterprise or individual entrepreneur does not give his consent to early dismissal, even a pregnant woman will have to work out the entire notice period.

Important! However, if a woman is placed on confinement before maternity leave or is in a medical institution for other reasons, she has the right to demand termination of the employment contract within the period set by her, since she does not have the opportunity to continue to fulfill her duties.

Preparation of personnel documents

After the application has been submitted to the employer, the following documentation is completed:

1. Order of dismissal in form No. T-8 or T-8a. It indicates the basis for dismissal (own desire) and the article of the Labor Code of the Russian Federation on the basis of which the dismissal is made (Article 80). The employee gets acquainted with the order by signing it.
2. Certificate of earnings for the last 2 months. It is issued along with the work book.
3. Entry into the work book. It is carried out in strict accordance with the order.
4. Calculation note (Form No. T-61) for payment to the employee of all funds due to her.
5. Certificate of information sent to the Pension Fund (clauses 2 – 2.2 of Article 11 of Federal Law No. 27-FZ of 04/01/1996).
6. Entry in the employee’s personal card (form No. T-2). The employee also gets acquainted with the recording by signing it.

All of the above standard forms are used if the enterprise has not developed its own forms. This right has been in effect since 2013. However, most organizations still use standard forms approved by the State Statistics Committee of the Russian Federation in 2004.

Calculation and issuance of a work book

On the last day of work, the employee must be paid all the money, which she has earned but has not yet received. In addition, a work book is issued on the same day.

If the employee did not work on the last day of the employment contract, she will receive the money the next day after she requests payment.

What payments are due?

If a woman quits her job during pregnancy, she should know what payments she is entitled to:

1. Salary for the part of the month worked.
2. Compensation for unused vacation(for the worked part of the year).

However, you need to remember: the former employer is no longer obliged to pay benefits for pregnancy, childbirth and child care from the moment of dismissal.

The exception is when " maternity leave“occurred less than a month after the dismissal, and at the same time, the dismissal at one’s own request was due to certain circumstances recorded by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n. These include:

• Moving to your husband or with your husband to his new place of work.
• An illness that makes it impossible to continue working or living in a given area.
• Caring for sick family members.

Here you should also be guided by Art. 1.4 and clause 2 of Art. 5 No. 255-FZ, relating to insurance (in this case, medical and social) coverage.

If the boss forces a woman to leave

Just a note. The legislation provides for “maternity” leave for pregnant employees - that is, for pregnancy and childbirth, as well as for child care.

All this time the woman remains on the staff of the enterprise, she is supposed to make payments to mandatory funds– and therefore this situation is extremely unfavorable for the employer.

As a result, unfortunately, many of them use pressure on their employees - they force them to resign of their own free will.

What should a woman who finds herself in such a situation do? First of all, she needs to take several steps:

It must be remembered that A pregnant woman cannot be fired at the initiative of the employer. Even if she violates discipline, the employment contract can only be terminated on the initiative of the employee or by agreement of the parties.

Responsibility

If an employer, through pressure, threats or blackmail, forced an employee to quit, he will have to answer according to the law. In this case the following will apply:

1. Administrative legislation – art. 5.27 Code of Administrative Offenses of the Russian Federation.
2. Criminal Code – Art. 145 of the Criminal Code of the Russian Federation.

Pay attention! If the Code of Administrative Offenses of the Russian Federation provides only punishment for discrimination, then Art. 145 of the Criminal Code of the Russian Federation directly speaks of the unjustified dismissal of pregnant women.

The culprit will face punishment in the form of:

• a fine of up to 200 thousand rubles or other income for one and a half years;
• or compulsory work up to 360 hours.

It should be taken into account that the punishment, although relatively modest by criminal standards, entails a criminal record and all the legal consequences provided for by the Criminal Code of the Russian Federation.

Can an employer refuse?

The opposite question is also possible: can the head of an enterprise or individual entrepreneur refuse to accept his pregnant employee who wants to quit? Are there grounds for refusing to terminate an employment contract?

It should be noted here: the Labor Code of the Russian Federation does not contain such grounds in principle. Regardless of the state of pregnancy, Art. 80 of the Labor Code of the Russian Federation does not provide for the opportunity for an employer to evade termination of an employment contract.

Moreover, Art. 4 of the Labor Code of the Russian Federation directly prohibits forced labor - and this is precisely what will be the actions of the employer who refuses to terminate labor relations at the request of the employee.

Even if the employee is a unique specialist, the employer has the right only to persuade her to stay at work - but not to prevent her from dismissal.

Conclusion

Dismissal at will is one of the few ways to terminate an employment contract. with a pregnant woman. This option is completely legal, but only if the dismissal occurs voluntarily and when there are no other violations labor legislation.

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4. Amounts of benefits for temporary disability, pregnancy and childbirth, monthly child care benefits, excessively paid to the insured person cannot be recovered from him, except in cases of accounting error and dishonesty on the part of the recipient (submission of documents with deliberately incorrect information, concealment of data affecting the receipt of benefits and its amount, other cases). Withholding is made in the amount of no more than 20 percent of the amount due to the insured person for each subsequent payment of benefits, or wages. If the payment of benefits or wages is terminated, the remaining debt is recovered in judicial procedure.

- the dismissal was due to certain reasons (the husband’s transfer to work in another area, the husband’s move to the husband’s place of residence, an illness that prevents him from continuing to work or living in a given area, the need to care for sick family members or group I disabled people).

Sick leave after dismissal

Benefits for temporary disability, as well as for pregnancy and childbirth for employees with insurance experience of up to six months, are calculated based on the minimum wage (taking into account regional coefficients where they are used). That is, the amount of temporary disability benefits does not exceed one minimum wage for a full calendar month (taking into account regional coefficients). This rule applies to all cases of temporary disability of such citizens, including illness (or injury) that occurred within 30 calendar days after dismissal.

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If an employee received sick leave on the day of dismissal, then he must be paid benefits not for one day, but for the entire period of illness. This is due to the fact that the benefit is paid for the entire period of illness of an employee who works in an organization under an employment contract (Part 2 of Article 5 of the Law of December 29, 2006 No. 255-FZ). And the day of dismissal is considered the last day of work (Part 3 of Article 84.1 of the Labor Code of the Russian Federation).

I was laid off, within a month after the layoff I became pregnant

What should you pay attention to in such a situation? Please note that in accordance with Art. 261 of the Labor Code of the Russian Federation, termination of an employment contract with pregnant women at the initiative of the employer is prohibited, with the exception of cases of liquidation of the organization or termination of activities by the employer - individual entrepreneur. If a fixed-term employment contract was concluded with a woman, during her pregnancy the employer is obliged, at her request and on the basis of a medical certificate, to extend it until the end of the pregnancy. At the same time, dismissal under a fixed-term employment contract is allowed only if the woman was hired to perform the duties of an absent employee and the employer is unable to provide her with another job that she can perform taking into account her pregnancy.

Payment of sick leave after dismissal in 2020

There are several nuances for paying for disability former employees. The day of application to the previous place of work must fit within a time interval of 6 (six) months. And the date of onset of illness must cover 30 (thirty) calendar days from the date of dismissal. In other words, the employee dismissed on April 5 brought a sick leave certificate opened on April 29. Then, by law, he can claim payment. If the date of onset of illness is May 8, then sick leave after dismissal is not paid.

After my dismissal I became pregnant

Childcare benefits for children up to 1.5 years old will be paid to you, as a non-working person, by the social security department at your place of residence, but social security does not count wages; it pays everyone the same - the minimum wage. There is one exception: women who were dismissed during the period of maternity leave due to the liquidation of the enterprise.

Employment and dismissal of a pregnant woman

- and impossible with written consent women, transfer her before the end of pregnancy to another job available to the employer (both a vacant position or work corresponding to the woman’s qualifications, and a vacant lower position or lower-paid job), which the woman can perform taking into account her state of health. In this case, the employer is obliged to offer her all the vacancies that he has in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other locations, if so provided. collective agreement, agreements, employment contracts.

A week after dismissal due to the expiration of the employment contract (the contract was concluded for a month due to an increase in the volume of work), the former employee announces her pregnancy

As follows from the question, the woman informed her former employer about her pregnancy a week after the termination of the employment contract. On the day of dismissal, the employer did not have such information: the woman did not submit either a medical certificate or an application to extend the employment contract due to pregnancy before the termination of the employment contract. Accordingly, the employer had the right to dismiss her due to the expiration of the employment contract.

Pregnancy within a month after dismissal

Thus, in the situation under consideration, a pregnant woman has the right to receive maternity benefits at her last place of work only if she quit of her own free will due to the above reasons, and also provided that maternity leave occurred within one month from the date of dismissal.

Can a pregnant employee be reinstated or receive compensation after voluntary dismissal?

I understand that it is unlikely that you will be hired somewhere when you are pregnant, although it is prohibited by law to refuse a pregnant woman, but they will not hire you, you know how we hire you. And of course, you lose your vacation for the BiR, and all other payments will be at the minimum, and this is a shame.

I quit my job and discovered that I was pregnant.

secondly, if your mother’s dismissal of this lady was formalized as expected, i.e. everything is in perfect order and there are no pitfalls, nothing prevented your mother from appealing the decision of the court of 1st instance to a higher court, because in practice, it often happens that in the courts of first instance, especially in small towns, “everything is caught up.” Based on your description, I believe that your mother is right, and I, for example, as a lawyer, would have fought to the last, but won the case. This means that something is not clean there.

Payments to unemployed pregnant women

You can just go to the social security office and they will tell and explain everything in a popular manner. As for finding a job, you need to decide for yourself how necessary it is to receive sick pay (which is not superfluous if the official salary for the last 2 years is 30 thousand or more). If the payment is relevant, then get a job without announcing your pregnancy - no one obliges you to do this by law. Moreover, you act honestly with the employer - you inform him about your situation, but in return you receive a clear answer - a refusal, although it essentially violates your rights. You have the same right to work as non-pregnant women. Not such serious problems with registering an employee on maternity leave. And the employer will then reimburse all your payments from the Social Insurance Fund (I say this as the head of a small company, which over the past couple of years has taken out 4 maternity leaves, including mine :)).

Reinstatement of an employee who learned about her pregnancy after dismissal

The situation is as follows: the employee quit by agreement of the parties. After her dismissal, she found out about her pregnancy (based on the duration of her pregnancy, it turns out that at the time of her dismissal she was already about 2 weeks pregnant) and on this basis asks to be reinstated at work. What does our legislation say in this case, who knows?

A woman's stay at work during pregnancy and childbirth is limited to maternity leave. The right to its registration and subsequent payments arises if there is official employment. For this, you need good reasons specified in the law. In addition, it is not clear what a woman should do if she quit her job and found out that she was pregnant.

What should you do if you quit your job and find out that you are pregnant?

• unemployment benefit– currently from 1500 (minimum amount) to 8000 rubles (maximum amount);
• child care up to one and a half years old. If there is no benefit for the unemployed, monthly: first child 3277.45 rubles, and subsequent child 6554.89 rubles;
• one-time assistance of a fixed amount, which is equal to 17,479.73 rubles (indexed by a coefficient of 1.043 from 02/01/2019), provided after receiving the child’s birth certificate or certificate.

Therefore, the expectant mother must choose one of the options: either receive only unemployment benefits, or the remaining payments, since they are deducted as financial assistance by social protection authorities.

Women registered in the antenatal clinic from early pregnancy (up to twelve weeks), in accordance with Article No. 9 No. 81-FZ “On state benefits for citizens with children” dated May 19, 1995, have the right to receive additional payments to the benefits for BiR, transferred only once. From 02/01/2017 it is 655.49 rubles.

If a woman left her job on her own and then found out about her pregnancy, and no violation of labor laws was recorded, she cannot demand from the company more than what has already been paid.

There are several situations that suggest the opposite. However, the employee can take advantage of the assistance provided at the place of employment of her spouse, receive payments from the social security authorities or receive unemployment benefits from the employment service.

Article 21. Basic rights and obligations of the employee

The employee has the right to:

conclusion, amendment and termination of an employment contract in the manner and on the terms established by this Code, other federal laws; The employee has the right to: conclusion, change and termination of employment contract in the manner and on the terms established by this Code and other federal laws

All working pregnant women are given a one-time maternity benefit, which can be obtained by sick leave, issued at the antenatal clinic. But the unemployed can also receive this benefit if they are registered with the Employment Center and are officially recognized as unemployed. Also, maternity benefits are given to pregnant full-time students. In other cases, these payments are not due, and no other family members can receive this benefit. If a woman registers with an antenatal clinic early in pregnancy, she is entitled to small payments as an addition to the benefit described above. Officially unemployed pregnant women registered with the Employment Center are also entitled to these payments. After the birth of a child, all women, regardless of place of work or lack of employment, are entitled to one-time payments for the birth of a child. They are paid by the Social Insurance Fund, the amount depends on the number of children born. If a woman already has one or more children, she can receive maternity capital, even if it doesn't work. All women - citizens of the Russian Federation who have given birth or adopted two or more children - have the right to maternity capital. Women who have given birth are entitled to monthly allowance for child care up to one and a half years old, for the unemployed this amount is given in minimum size. You need to contact the social security department at your place of registration regarding these payments, and the child must be registered in the same place as the mother. The amount of the benefit depends on the region. If both parents work, then this benefit can be registered either for the father or for the mother, but if the mother does not work, then she must take care of the child, and she receives payments.
By law, if a pregnant woman applies for a job, she cannot be refused employment on the basis of her pregnancy. An employer who does not hire a pregnant woman for this reason is liable criminal liability. The exception is cases when the position requires qualities that are incompatible with pregnancy. Both employed and unemployed pregnant women have the right to free medical care in any antenatal clinic or clinic, regardless of their place of registration; they can register in any clinic. Pregnant women are entitled to some free medications and vitamins, which you can ask your doctor about early on.

A woman's absence from work during pregnancy and the postpartum period is called maternity leave. It must be paid by the employer in accordance with the legislation of the Russian Federation. But this applies only to those employees who are on staff. There are situations when a woman has already quit her job and finds out that she is pregnant. What to do in this case, and what payments she is entitled to, should be understood in more detail.

Dismissal of a pregnant woman at her own request

According to Russian legislation, namely Article 261 of the Labor Code of the Russian Federation, an employer can dismiss a pregnant employee only in connection with the liquidation of the enterprise. But even in this case, he is obliged to notify her of this 60 days in advance and pay monetary compensation. In any other situations, dismissal will be considered illegal.

But this applies only to current employees on the staff. If a woman quits her job and finds out about pregnancy after signing the application , she can challenge her dismissal only if:

It is worth noting that an employee will be able to receive maternity benefits at her previous place of work only if maternity leave occurs no later than 30 calendar days from the date of dismissal. These standards are prescribed in Order N 1012n of the Ministry of Health and Social Development of Russia, which came into force on December 23, 2009.

Registration of maternity benefits

Most women who became pregnant after voluntary dismissal are interested in the payments that they can receive by law. And if they cannot be restored to their previous job, then where should they apply for benefits? There are several options for receiving legal payments:

• apply for benefits at your husband’s place of work;
• contact the social employment service;
• get another job and go on maternity leave from there.

Of course, the last option is very difficult to implement, since employers try not to hire pregnant employees. And although it is illegal to refuse job applicants because of their sensitive situation, in practice this law is rarely observed. You can always find a reason for refusal for another reason, so employers willingly take advantage of this.

If on state enterprises While the protection of the rights of pregnant women is still somehow respected, in private companies the situation is much worse. Many women try to quit immediately upon learning that they are pregnant, because it is much more profitable to register with the employment service and subsequently receive legal benefits.

A private entrepreneur can rarely provide his employees with such guarantees. He may go bankrupt or re-register the company, then collect from him due payments will have to go through the courts, and this is a long and not always justified process.

Payments at the husband's place of work

If only the father is working in the family at the time of the birth of the baby, then the lump sum maternity benefit should be received at his company. Payments are made only if a viable baby is born.

If the child was stillborn or died before the birth certificate was issued, the benefit will not be accrued. The simultaneous birth of two or more babies means that payments will be accrued for each child. Documents to be submitted:

1. Application for a one-time benefit for the birth of a child.
2. Baby's birth certificate.
3. Documentary confirmation from social security that the child’s mother has not received a cash payment before.
4. Certificate form 24 - f from the registry office.
5. Passports of the father and mother of the child.

You should know that receiving maternity benefits at your husband’s company is not always possible. There are two types of restrictions in connection with which you can get a refusal:

1. The parents are not legally married, and the baby is raised by one mother (even if the father recognized the child and there is documentary evidence).
2. The child's mother is officially employed.

In other cases, there should be no problems with processing a lump sum maternity payment at the husband’s enterprise. Parents have equal rights, so the father can also apply for a monthly child benefit and even go on maternity leave instead of his wife.

Social Security Assistance

If you quit your job and become pregnant, a woman shouldn’t guess whether maternity pay will be paid at her last job or not. It is for such situations that there are government bodies social protection. If the expectant mother contacts the employment service within 30 days of leaving work, she will not only receive benefits equal to her average earnings, but also all payments due to her position.

However, she can receive a lump sum benefit for the birth of a child only if the child’s father is not her legal husband or he does not have an official place of work. The mother will receive all other payments, including maternity benefits, in full compliance with the law, until the child turns 1.5 years old. To receive payments, you must submit the following documents:

Please note that documents must be submitted no later than 6 months from the date of birth of the child. Otherwise, the parent will lose the opportunity to receive a lump sum payment upon the birth of a child.

For the entire period of maternity leave, a woman does not have the right to be deregistered with the employment service as an ordinary unemployed person. She also has the right not to visit the employment center for monthly job search marks.