Fixed-term employment contract and pregnancy

Fixed-term employment contract and pregnancy

It's one thing when a woman is going to the decree with a permanent place of work, where she works officially, with a work record. A completely different issue is the work on a fixed-term employment contract. So, let's try to understand the legislative aspects of such work.

The language of the labor code

Every employment contract must have a deadline. This is discussed in Article 58 of the Labor Code of the Russian Federation. Contracts are perpetual and concluded for a certain period (urgent). The latter are concluded for a period of not more than five years. Urgent contracts can be concluded only in cases clearly indicated by law.

Article 58 of the same code states that such an agreement is concluded when the nature of the work or its conditions do not allow the establishment of an employment relationship for an indefinite period.

It should be noted that a record in the workbook about hiring a fixed-term contract is made without a note that the employee is accepted for a certain period of time.

Warning, mean armed

A pregnant woman should know about her rights and responsibilities, if he works under such a contract. After all, ignorance of the law, we recall, does not absolve her from responsibility. This time, and secondly, the knowledge of legal subtleties will help protect yourself and your child in case of need. Even if the employer feels that you are, as they say, in the subject, then this is only an additional "plus" in your favor.

Article 261 of the above code obliges the employer to extend the period of the employment contract with her until the end of pregnancy upon the application of the pregnant woman. A prerequisite for this is to provide a certificate confirming the state of pregnancy. Extension of the contract is the conclusion of an additional agreement to the employment contract. It changes the clause about the term of the contract.

By the way, in case of extending the contract and entering into an additional agreement, at the request of the employer, a pregnant employee must provide certificates confirming her pregnancy, not more than once every 3 months.

Legislation also gives the employer the right to dismiss a pregnant woman in the event of the expiry of the employment contract if it was concluded for the period of the performance of the duties of the absent employee and there is no possibility to transfer such a woman to another job taking into account her state of health.

  1. In this situation, the following rules should be observed:

    1. A woman is offered a job or position corresponding to her qualification, as well as a post lower-paying, lower-paid job.
    2. Women are offered all available vacancies taking into account the state of health.
    3. The employer must offer vacancies and jobs, Available in other areas, if this is provided for by a collective or labor contract.

    You can not fire!

    The issue of unilateral termination of labor relations with a pregnant woman issued under a fixed-term contract does not require additional explanations. After all, the employer does not have the right to dismiss a pregnant woman on personal initiative. Guarantees of a pregnant woman in this case are fixed in art. 261 of the LC RF. The only exception to this rule are cases when it is a matter of liquidating an organization or enterprise, termination of the activities of a private entrepreneur. It should be noted that, in practice, there are cases of liquidation of a company in order to dismiss a pregnant woman legally. But this is most likely an exception to the rules and rare cases.

    Most employers are lenient towards pregnant employees, and all disputes are tried by peaceful and mutually beneficial negotiations. Believe that in your case it will be so.

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