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Dismissal of a pregnant woman for absenteeism without a valid reason. Dismissal for absenteeism of a pregnant woman

Pregnant women belong to a special category of workers whom the legislator “protects” by providing them with guarantees in the Labor Code of the Russian Federation. In particular, for example, dismissing a pregnant woman for absenteeism without a good reason is not possible, and such an action by the employer can be appealed in court.

What does the legislator mean by truancy?

Absenteeism is the absence of a citizen from his/her workplace during the entire shift or for more than 4 hours without a valid reason. Moreover, the legislator is talking specifically about 4 continuous hours. For example, if an employee was absent for 2 hours, then showed up, and then disappeared for another 2 hours, then this will not be considered absenteeism. Let's dwell on controversial issues.

What can be considered a valid reason for absence from work? The legislator avoids this issue and gives the right to decide the issue of respect to the employer or the court in the event of an application for reinstatement of the employee. As a rule, we can talk about illness (which is confirmed by a sick leave certificate), or the death of relatives and friends. In any case, the employee must provide evidence that the reason for the absence, in his opinion, was valid. These may include written documents, video files, witness statements, etc.
What is meant by an employee's workplace? An employment contract or local act of an organization determines a specific place of work either for a citizen or for the position he occupies. For example, it could be either a workshop, an office or even a machine. Absence near the machine, but being on the territory of the enterprise, will be considered absenteeism if all other conditions established by the Labor Code of the Russian Federation are met. Well, if it’s not specified in the contract workplace, then the legislator defines it as the place where the employee must arrive to carry out his activities.
Walk time. The legislator clearly establishes the rule – absence from work for more than 4 hours. Therefore, if he was absent for less than 4 hours or 4 hours exactly, then absence cannot be equated with absenteeism. The next point that is worth paying attention to is that the time for breaks and rest is not included in the stipulated “more than 4 hours”, since during this time the employee is free to do whatever he wants. For example, the working day at an enterprise begins at 9.00; lunch from 12 to 13. The employee showed up at work at 13.30. Total time absence exceeds 4 hours, but this is not absenteeism, since from 4 hours 30 minutes it is worth subtracting lunch time - 1 hour. Of course, the employer cannot fire an employee for absenteeism, but he has the right to punish, for example, with a remark or reprimand.
Addition of hours away from work. The head of the company does not have the right to summarize the hours of absence over several days. However, he can add up all the absenteeism time for a work shift, and if it exceeds 4 hours, then he has the opportunity to fire the employee for absenteeism.

Legislative basis for dismissal for absenteeism

An employer does not have the right to dismiss an employee immediately for absenteeism; he must comply with the dismissal procedure provided for in Art. 193 Labor Code of the Russian Federation. In particular, we're talking about about the following actions:

Drawing up an absenteeism report, which records the time of absence and the reasons (if known). The document is drawn up in the presence of several employees, the boss or colleagues of the absentee and is sealed with the signature of the author of the act. In some cases, the paper may be written based on a memo given by the truant's supervisor.
Familiarization of the employee with the act and obtaining explanations from him. This stage is considered mandatory, since otherwise the court may consider that the employee’s rights have been infringed. If a citizen refuses to give an explanation, then an act must be drawn up, in which this circumstance is recorded.
Issuance of a dismissal order. The employee is familiarized with it against signature within 3 working days. If he refuses to be painted, an act is drawn up.
Making an entry in the work book and issuing it to the employee. An employee who refuses to pick up a work permit must be sent a notice by mail with a request to visit the company’s office and pick up the document.

We remind you that the head of the company can fire an employee for absenteeism no later than a month from the date of discovery of the disciplinary offense. We recommend that the employer keep a time sheet, in which absenteeism will be recorded. In addition to this document, evidence of absence from work will be recordings from CCTV cameras, testimony of witnesses (for example, the author of the report on absenteeism), etc.

Labor rights and guarantees for pregnant women

Upon conclusion employment contract pregnant women are covered by 2 guarantees:

they cannot be given a probationary period;
They cannot be denied employment due to pregnancy.

Further, the employer is obliged to satisfy the request of the pregnant employee to reduce her working hours. This may apply to both the week and a specific shift/day. In this case, the parties discuss all controversial issues in advance and decide exactly how many hours the citizen’s work will be reduced. If a pregnant employee is sent on a business trip, then this order must be canceled, since the Labor Code of the Russian Federation prohibits this. In addition, there are a number of restrictions for pregnant women. It is forbidden:

set working days on weekends and holidays;
involve in overtime work;
recruit on a rotational basis.

Employees may be granted basic paid leave in the amount of 28 calendar days, regardless of the time they work at the enterprise. Moreover, the period during which the employee is on maternity leave is included in the period for calculating the main leave. Another guarantee is that the spouse’s employer is obliged to provide him with leave while his wife is on maternity leave. Pregnant workers should know their rights, which are listed in Art. 261 Labor Code of the Russian Federation. if they are violated, then they need to contact labor inspection or to court. The employer may be fined or prosecuted criminal liability according to Art. 145 of the Criminal Code of the Russian Federation (unreasonable refusal to hire).

In what cases can and cannot fire a pregnant woman?

Pregnant women belong to a category of workers especially protected by the legislator. In particular, we are talking about the fact that they cannot be fired at the initiative of the employer, except during the liquidation of the organization or termination of the activities of the individual entrepreneur. Of course, on her own initiative, the employee has the right to quit at any time. If we are talking about a fixed-term employment contract, whose validity period ends during pregnancy or maternity leave, then the employer is obliged to extend its validity until the time when the employee can begin to perform the duties assigned to her. In this case, the citizen must confirm the fact of pregnancy with a certificate from a medical institution at least once every 3 months. In practice, a situation may arise when a citizen starts work immediately after the end of pregnancy. In this case, the employer may terminate the employment relationship with her after a week, starting from the day on which he learned about the start of her employment. However, it is still possible to fire a pregnant woman if she was hired during the absence of the main employee. In this case, the employment relationship with her is terminated on the basis of clause 2, part 1 of Art. 77 Labor Code of the Russian Federation. The second option is when the enterprise does not have positions that the employee could occupy or she refused the options offered to her (Clause 8, Part 1, Article 77 of the Labor Code of the Russian Federation). It is impossible to dismiss a pregnant employee on grounds such as failure to complete the probationary period, since Art. 70 of the Labor Code of the Russian Federation prohibits pregnant women and citizens with children under 1.5 years old from having a test when applying for a job. The employer also does not have the right to fire an employee who, when registering an employment relationship, hid the fact of pregnancy from him, since she had every right to remain silent about it. In all other cases, the dismissal of a pregnant woman will be illegal, and after going to court and making a decision in her favor, the employer will not only be obliged to reinstate her, but also to pay compensation for forced absence.

Is it possible to fire a pregnant woman for absenteeism?

Despite the fact that a pregnant woman may be absent from the workplace for several hours in a row, or even not go to work at all, without confirming her “ill” condition with certificates from medical institutions or sick leave certificates, the employer can only record these facts of absenteeism; but he has no right to dismiss a citizen on this basis. Even if the dismissal occurs according to all the rules, and repeated absenteeism is recorded, the court will still reinstate the pregnant woman at work and oblige the employer to pay her compensation for forced absenteeism.

Judicial practice on dismissal of pregnant women

E. was absent from work for more than 3 days in a row. The employer considered this to be absenteeism and, having formalized the dismissal according to the rules of the Labor Code of the Russian Federation, issued the employee a work book. E., without hesitation, went to court, declaring that the dismissal was illegal, since, firstly, she wrote an application for leave without pay, and, secondly, she was pregnant. The employer's representative stated that he did not know about E.'s pregnancy and did not sign any application for leave. However, E. claimed that on the day she wrote the application, the manager was not at work, but according to established practice and verbal approval from the HR department, she did not go to work the next day. The court declared the dismissal illegal, since the employee was in a position.
The fixed-term employment contract with O. was terminated due to the fact that it had ceased to be valid. However, O. provided a certificate stating that she was pregnant. The employer reinstated her at work. As a result of the accident, O. lost her child, but was in no hurry to go to work, arguing that she needed time to recover. The employer, without waiting for O.’s sick leave, fired her. The court sided with the employer, since O. had no reason for not attending work, and especially since she had a fixed-term employment contract, which the employer had no desire to renew, and the law did not oblige him to do so.
N. filed a claim for reinstatement and compensation for forced absence. The essence of the matter was as follows: N. was hired as an accountant at LLC “Svoyskiye Utensils”. However, after some time, the decision to reinstate the previously dismissed employee to this position came into force. The employer reinstated this citizen, and fired N. The court considered that N.’s rights were violated, since she was not offered alternative jobs with this employer, but was immediately fired, and therefore sent the case for a new trial to a lower authority.
I. was fired due to staff reduction while she was on maternity leave. The employer considered that he had made all the payments, and therefore could safely reduce the position of the maternity leaver. The court dissuaded him and ordered I. to be reinstated and compensated.
K. filed a complaint against the employer’s actions, the illegality of which was that she was forced to write a letter of resignation due to at will, since she brought a certificate of pregnancy. However, during the court hearing, the plaintiff was unable to prove that pressure was exerted on her. Since the employer presented K.’s signed resignation letter as evidence, the court had no doubt about the authenticity of the documents and refused to satisfy the stated demands.

Russian labor legislation categorically prohibits labor on negative grounds, since their status is especially protected at the state level.

However, the rights of employers are protected by law in relation to negligent employees.

The company has the right to get rid of absentees, guided by the Labor Code. Article 192 of the Labor Code provides for the possibility of dismissal for violation of discipline.

The work procedure in the company is established as follows: local act, like PVTR (routine rules). The rules set out a work schedule that is mandatory for all employees of the company, including the administration.

Absenteeism according to the norm of Article 81 of the Labor Code is serious, for which you can be fired even if it was an isolated case. Meanwhile, absenteeism is recognized as the proven fact of an employee’s absence from work. In this case, the following circumstances must coincide:

the employee was absent for more than 4 hours;
permission to leave work (dismissal letter or application for leave) was not issued;
the validity of the reasons for absence has not been proven (sick leave, summons, doctor’s voucher, certificate from the ambulance, etc. have not been presented).

Absenteeism is always formalized by an act, and the dismissal procedure is as follows (Article 193 of the Labor Code):

on the basis of the truancy report, the director issues an order explaining the reasons (handed to the truant against signature);
two days later, a discipline order is issued (based on the director’s decision, taking into account explanations or lack thereof);
The truant is familiarized with the order in writing;
Based on the disciplinary order, a dismissal order is issued.

An order to terminate the contract for absenteeism can be issued no later than six months from the date of recording the absenteeism. This period is extended if the offender falls ill or.

Rights of pregnant women

The working conditions of employees expecting a baby must comply with a special regime!

To this end, legislators have developed a number of guarantees for employees with special status, listed in Chapter 41 of the Labor Code. For example:

reduction of the working day to 6 hours (at the request of the woman);
reduction of computer work to 3 hours;
exception of severe and harmful work;
exclusion of business trips and .

At the same time, Article 261 of the Labor Code prohibits the dismissal of pregnant employees unless the dismissal is caused by:

or individual entrepreneur;
An employee who was temporarily replaced by a pregnant woman returned to work.

How to punish a pregnant woman for absenteeism?

While the employee is pregnant, it's not allowed. But it is necessary to register a violation of discipline. Registration of absenteeism takes place according to general rules:

in the presence of two witnesses, a report is drawn up stating that the employee was absent from the workplace for more than 4 hours in a row;
Against her signature, she is given an order to give an explanation (if she refuses to sign or she does not get in touch, a report on this is drawn up).

Based on the act, you can apply a penalty in the form or, which is recorded in the discipline order. You also need to take into account that absenteeism must be noted on the report card.

What are the consequences of a penalty? The PVTR, the collective agreement or the Payment Regulations may contain conditions that violation of discipline may become a reason for.

At the same time, absenteeism is not paid, and therefore will not be included in the calculation period maternity leave.

All this will affect the amount of vacation pay (maternity and ESD).

Dismissal upon return from maternity leave

You cannot fire the mother of a child under three years old.. This is directly stated in the 4th part of Article 261 of the Labor Code. And by the time the child turns 3 years old, the deadline for prosecution will expire (six months).

That is, it will not be possible to fire an employee for absenteeism during her pregnancy and for 3 years after the birth of the baby.

The only condition for applying dismissal for absenteeism may be the fact of abandonment of the child or his death. But no more than six months should have passed from the moment of absenteeism, and there should not have been a reprimand or reprimand (for one offense one type of penalty is imposed).

Arbitrage practice

Case No. 33-32308A (Moscow City Court): the employee was dismissed as having failed the test. However, she did not provide any documents about pregnancy. The only notice regarding her condition was an explanation of disagreement with the dismissal citing the presence of pregnancy.

At the hearing, the plaintiff brought a certificate stating that at the time of her dismissal she was pregnant (8 weeks). As a result, the court ordered her to be reinstated at work, and the company recovered forced absenteeism and legal costs (in total more than a hundred thousand rubles) from the company in her favor.

Case No. 33-33784D (Moscow City Court): circumstances were clarified at the meeting:

the employment contract was not signed, but the entry in work book was done;
the employee did not show up for work for several days without good reason;
one day she told the personnel officer over the phone that she was pregnant;
a week later, the personnel officer came to her home, informing her of her dismissal;
the entry in the work book was cancelled.

The judge did not take into account the facts about the plaintiff’s numerous absenteeism and failure to provide a certificate from antenatal clinic. As a result, the employee was reinstated and received compensation for forced absences.

As follows from the analysis of court decisions, the judge will always side with the plaintiff, who was pregnant at the time of dismissal. Proven facts will not affect the decision:

outright abuse of right (there are cases that pregnant employees do not go to work without good reason, knowing about their status and the prohibition of dismissal);
concealment of information about pregnancy.

It is impossible to punish such an employee with absenteeism, but violation of discipline will significantly affect.

Pregnancy is a special period in the life of every woman. With his arrival in different areas In life, sometimes minor but important changes occur.

The labor process is no exception. This is why most employers deliberately avoid working with potential expectant mothers.

Many young girls have encountered difficulties in finding employment that are related specifically to their age. The reason for these difficulties is that each of them may become pregnant in the future and will be subject to the so-called “dismissal immunity”. What is its essence, we will consider further.

Several reasons for leaving.

According to the Labor Code Russian Federation the basis for construction is a contract.

They cannot fire you for absenteeism.

Loss of trust

If an employee made a mistake during his employment that resulted in damage to the company, the employee is considered unreliable. As a rule, according to the law, the employer has the right to dismiss such an employee.

But, given that this also applies to the initiative of the employer, if we are talking about a pregnant woman, she cannot be fired before going on maternity leave and while she is on maternity leave, her place is reserved.

Why don't employers want to work with pregnant women?

One of the reasons why employers are reluctant to work with pregnant employees is due to the likelihood of impunity for disciplinary violations, as discussed above. That is, a woman may not attend the workplace, but it will still be impossible to terminate the contract with her.

In addition, employers are reluctant to hire young childless women due to the fact that they may soon become pregnant and go on maternity leave, as mentioned above. What is the problem of an employee’s pregnancy for an enterprise?

The problem is that from the 36th week of pregnancy until the child is 1.5 years old, the woman is on vacation.

To ensure that the work process does not stop, it is necessary to find an appropriate specialist for this position who will agree to temporary work.

As a rule, this is quite difficult.

Reasons why pregnant women may be fired

You can resign at your own request.

According to the legislation of the Russian Federation, an employment contract with a pregnant woman can be terminated on her initiative. Also, the reason for termination of the employment relationship may be circumstances beyond the control of the parties.

As a rule, this is the complete liquidation of the enterprise or the termination of the activities of individual entrepreneurship. Even under these conditions, the employer is obliged to find a vacant position for this employee in another organization.

Also, termination of the contract can be carried out in the event of a change of owner or reorganization of the enterprise. Since the contract was concluded with the previous employer, it ceases to be in force as soon as this person is deprived of authority. But this does not mean that a woman should be left without work.

If the new owner did not renew the contract with the woman in the situation, but simply fired her, then the woman has the right to contact the labor protection service with a statement about the violation of her rights.

There is another scenario in which a pregnant woman may be deprived of her job. Every contract has an expiration date. If the contract expires before the woman leaves on or while on vacation, the employer has the right not to renew it.

In all other cases, according to the legislation of the Russian Federation, a pregnant woman cannot be fired. Termination of a contract with her is punishable for employers.

What to do if an employer violates the rights of a pregnant woman?

You can go to court.

From the article you have already learned that the dismissal of a woman at the initiative of the employer is a violation of the legislation of the Russian Federation. But not everyone knows how to defend their rights. If the woman was fired under one of the following articles:

clause 2, part 1, art. 81 – staff reduction;
clause 3, part 1, art. 81 – inconsistency with the position held;
clause 4, part 1, art. 81 - change of owner;
clause 5 part 1. Art. 81 – disciplinary violations;
clause 6, part 1, art. 81 – gross disciplinary violation;
clause 7, part 1, article 81 – loss of trust in connection with relevant actions;
clause 8. part 1 art. 81 – commission of an immoral act by a person performing educational functions;
clause 9, part 1, art. 81 – unjustified dismissal;
and others.

She has the right to appeal to the district court with a statement of violation of her rights. This must be done within a month from the date of termination of the contract. Proof of the violation is the work record book or dismissal order.

A woman can demand financial compensation or reinstatement in her position.

Moreover, if the reason for dismissal was not justified, then the employer must bear an administrative penalty.

What you should pay attention to?

The pregnant woman retains her workplace.

It is important to pay attention to the fact that the norms provided for by the Labor Code regarding maintaining a job for a pregnant woman apply only if she is officially employed.

Persons who have not entered into a contract with an employer, are not on the company’s staff and do not have an appropriate entry in the work book are not protected by the state. The dismissal of such workers, as well as the fact of work itself, is not documented. Therefore, appeal to the courts is impossible.

Unofficially employed women receive maternity benefits as unemployed. That is, its size is minimal and is not calculated based on wages.

An option may also be provided in which even the conclusion of an agreement does not guarantee respect for the rights of a pregnant woman. When signing a contract, you must carefully read its contents.

To ensure reinsurance, the employer can include a clause in the contract regarding termination of the contract in the event of pregnancy. In this case, legal proceedings become more complicated, since these conditions were initially agreed upon during employment.

But both the employer and wage-earners should be aware that the presence of such a clause in the contract is a violation of the legislation of the Russian Federation.

Therefore in case lawsuit It is still possible to prove that you are right and be reinstated in your position.

Pregnant women are a particularly challenging issue for many businesses. This is partly due to the fact that, according to Article 81 Labor Code In the Russian Federation, she cannot be dismissed at the initiative of the employer. If she is dismissed for a reason beyond the control of the parties, she must be given the opportunity for further employment.

The only reason she can be fired is on her own initiative. As a rule, this is rare, because after leaving maternity leave, which lasts 1.5 years, a woman must have a job. Also, the amount of benefit for working women depends on their average salary, while non-working women receive a minimum payment.

From this video you will learn about dismissal for absenteeism.

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Is it possible to fire a pregnant woman for absenteeism or are other disciplinary measures applied to the violator? Find out why you can be fired and download the necessary documents.

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Is it possible to fire a pregnant woman for absenteeism?

According to the law, you can fire a pregnant employee for 2 reasons:

Terminate labor relations upon liquidation of the company (Part 1 of Article 261 of the Labor Code of the Russian Federation).
If a pregnant employee was hired under a fixed-term employment contract for the period of absence of the main employee. The term of the employment contract has expired, and it is impossible to transfer the pregnant employee to a new position or she herself refuses the transfer.
The law does not prohibit dismissing a pregnant woman for other reasons, if they are not related to the employer’s initiative. For example, a woman has the right to leave on her own, by agreement of the parties, if she refuses to continue working due to changes in working conditions.

Despite the fact that absence from work for more than four hours in a row or for the entire work shift is considered absenteeism, dismissal of a pregnant woman for absenteeism is unacceptable (clause 5, part 1 or subclause “a” of clause 6, part 1 of Article 81 of the Labor Code of the Russian Federation). The prohibition only applies to the application of disciplinary sanctions in the form of a last resort - dismissal. The answer to the question whether it is possible to fire a pregnant woman for absenteeism is clear - no.

The employer has the right to apply other types of disciplinary sanction to the violator, if they do not contradict the current legislation and do not violate the rights of the pregnant employee.

Cheat sheet: guarantees for pregnant employees

It is still possible to part with a persistent offender if the dismissal procedure is properly completed. This will help avoid problems in the future. The courts are friendly to pregnant women. And if it turns out that the employee left on her own, but pressure was put on her, the woman can be reinstated to work in accordance with the court decision.

An expert from Sistema Personnel will tell you how to fire for absenteeism. From the article you will learn details about the procedure, the sequence of preparation necessary documents to terminate the TD on this basis.

Is it possible to fire a pregnant woman for absenteeism if she did not warn the employer?

The concept of “absenteeism” is the same for all categories of employees on the basis of subparagraph “a” of paragraph six of part one of Article 81 of the Labor Code of the Russian Federation. If an employee was absent from work without good reason:

throughout the working day;
more than four hours at a time.

The employer must understand that pregnant women may be absent due to various reasons. Standard pregnancy management involves (order of the Russian Ministry of Health No. 572n dated November 1, 2012):

Walkthrough large quantity analyses.
Visiting numerous specialists, including multiple visits to the obstetrician-gynecologist.
Several screening ultrasound examinations.

If a woman, for example, went to the obstetrician-gynecologist, but did not warn the employer in advance, this is not considered absenteeism without good reason.

The law provides for many prohibitions regarding pregnant employees:

involvement in overtime work;
business trips;
work on a rotational basis, etc.

★ Read in the magazine “Personnel Business”:

Expectant mothers should not work in a draft, in rooms without windows, lamps, etc. (clauses 4.1.7 and 4.1.9 SanPiN 2.2.0.555-96, approved by Resolution of the State Committee for Sanitary and Epidemiological Supervision of October 28, 1996 No. 32). A woman can feel unwell at any time and receive sick leave, but she has the right not to show up for work by notifying the employer about the sick leave by phone. In this case, the employee’s absence from work for more than four hours in a row does not count as absenteeism. You can't fire her anyway.

Often, employers take the employee’s position and, upon her return to work, issue unpaid leave for all days missed. If the employer believes that violation of labor discipline should be punished, he can apply less severe disciplinary measures other than dismissal.

★ Look special selection prepared by Sistema Personnel experts on dismissal for absenteeism. In it you will find answers to complex questions about dismissal for absenteeism. Ideal samples personnel documents to formalize the termination of the TD on this basis. Labor disputes, thematic video lectures.

What disciplinary action can be taken if dismissal is excluded?

Dismissing a pregnant woman for absenteeism is unacceptable. For employees in this category, there is a direct ban on terminating their employment relationship at the initiative of the employer. But apply other disciplinary measures established by labor legislation and local regulations organization is quite possible.

The employer has the right to reduce the amount of the bonus if this condition for violations of labor discipline is provided for in the Regulations on Bonuses. With a time-based wage system, a woman will receive less for absence from work wages. Hours of absence from work are not subject to payment.

Absenteeism is considered a disciplinary offense. A pregnant woman can be reprimanded or reprimanded. The penalty is valid for a year and can be lifted by the employer ahead of schedule.

★ An expert from the magazine “Personnel Business” will tell you. From the article you will find out whether it is possible to fire an employee for absenteeism if he has not taken sick leave. What transport reasons can justify the absence. How to fire a part-time employee for absenteeism.

Dismissing a pregnant woman for absenteeism is unacceptable. Absenteeism is considered a disciplinary offense taking into account the first part of Article 192 of the Labor Code of the Russian Federation, since the obligation to observe labor discipline established by the second part of Article 21 of the Labor Code of the Russian Federation was violated. The employer has the right to apply other types of disciplinary sanctions established federal laws, local regulatory documents

Is it possible to fire a pregnant woman for absenteeism? The exact answer is contained in the norms of the Labor Code of the Russian Federation.

It should be noted that future mothers are perhaps the most protected category of workers.

The thing is that they enjoy the largest amount of compensation and benefits. Such workers can independently determine the period of temporary termination professional activity for, at a time convenient for them. These employees can leave the company at any time; they cannot be recalled from vacation or sent on a business trip, nor can they be called upon to perform duties in their position beyond the established length of working time.

In turn, the manager cannot terminate cooperation with such an employee at his own discretion. The only exceptions are cases.

Even for dishonest fulfillment of assumed work obligations, all disciplinary measures provided for by the norms of the Labor Code of the Russian Federation cannot be applied to a worker. This also applies to cases of absence from one’s place without good reason. Dismissal in in this case not allowed.

Sometimes there are unseen circumstances, due to which a person will be absent from the place of work. Such situations can be either respectful or unreasonable.

The following reasons may confirm the validity of absence:

requiring treatment at home or in hospital;
passing away of loved ones and relatives;
participation in legal proceedings;
liquidation of consequences of accidents and disasters at the place of actual residence;
accidents on transport routes.

Such circumstances must be documented. These reasons can be justified:

medical report;
judicial summons;
data from housing services, law enforcement agencies or emergency authorities.

A justified absence may be recognized as situations where an employee cannot perform his or her duties. job responsibilities due to the manager’s dishonesty, for example, when. Required condition in such situations, it is necessary to provide preliminary written information about your intention not to go to work.

If documentary information and exculpatory data were not provided, then the absence may be considered absenteeism.

This offense has a number of features:

the worker must be absent from his place during the entire working day or more than four hours continuously;
the reason is not valid, for example, fatigue;
The worker did not substantiate his position with documents.

Legislative regulation of the issue

To understand whether a pregnant employee can be fired for temporary unjustified absence from her place, you should carefully study the requirements of the current regulations.

Gives a clear definition of an offense of this nature. Article 192 of the Labor Code of the Russian Federation specifies a list of measures of influence that can be applied to the perpetrator. These include reprimand, reprimand, dismissal.

In Article 193 of the Labor Code of the Russian Federation, in general outline, the actions that must be performed in this case are indicated.

Article 194 of the Labor Code of the Russian Federation establishes the procedure for canceling punishment, and Article 195 - the specifics of punishment for workers who belong to the command staff.

However, any individual situation has its own characteristics. Therefore, most companies additionally develop internal regulations that contain an algorithm of actions in the event of an offense.

In such a document you must indicate:

conditions under which absence will be considered;
the procedure for performing the necessary actions;
the competence of officials who are responsible for their implementation;
measures that can be applied to the perpetrator;
a category of workers with whom cooperation cannot be interrupted.

All specialists who will take part in the proceedings must be familiar with this document.

It is possible to create a special inspection commission, which includes the most competent specialists of the company. In most cases, these are personnel officers and lawyers.

If a pregnant employee is absent from work

If a crime has been committed, a number of specific actions must be performed.

First of all, it is necessary to document the fact of absenteeism.

It is necessary to draw up a document of an appropriate nature that will reflect the essence of the violation. You should also collect Additional information, which is relevant to the current situation.

Then all materials must be submitted to the manager for review. Last after detailed study obliged to make a decision and determine the measure of influence. As stated, not allowed.

How to record absenteeism?

If a pregnant employee is absent from work, several mandatory steps must be taken.

The first place to start is to make sure that the person is actually not at work. To do this, you need to inspect not only the immediate place of work, but also other rooms where the worker may be, for example, a room for changing clothes or eating.

After this you need to compose. Such a document must be executed in the presence of at least two people. The manager must receive a report on the employee’s immediate supervisor, to which the specified act will be attached.

You can contact the absent employee by phone and first find out the reasons for absence. When the worker appears, a written explanation of the fact of absence is taken from the latter. If a woman refuses to give an explanation, a report is drawn up.

Sometimes a person may claim that the reason for failure to appear was valid, but he did not have time to receive a supporting document. In this case, the employee must be given time to collect such information or make a request to the authorized authority. For example, in case of illness, you can check medical organization whether the employee asked for help.

After collecting all the specified materials, the manager must make a decision. He must do this within a month from the moment the offense was committed. The manager’s decision is formalized by an order, which the employee must be familiarized with within a month from the date of signing the order.

How can you punish for absenteeism?

If a expectant mother is absent, she cannot be fired. However, in such a situation, the manager can apply other disciplinary measures - issue a reprimand or reprimand. In most companies, internal regulations provide for other measures that can be applied to the violator, regardless of the main penalties.

The most common option is to reduce or. In case of violation work discipline- this is quite acceptable, even in relation to a future woman in labor.

The thing is that in order to receive a bonus, everyone must comply with a number of conditions. Compliance with labor standards is not an exhaustive reason for encouragement. It is also necessary to comply with internal working rules, which include compliance with working time regulations.

Is it possible to fire a pregnant woman for absenteeism?

Is it possible to fire a pregnant woman for absenteeism? The norms of the Labor Code of the Russian Federation answer this question unequivocally - no. If dismissal is applied to an employee as a disciplinary measure, the initiative to terminate cooperation comes from the manager.

According to the requirements of Article 261 of the Labor Code of the Russian Federation, a pregnant employee cannot be dismissed at the intention of the manager, except in cases of complete cessation of the organization’s activities.

This rule is one of the guarantees provided by the general rules for this category. Violation of them will entail not only the reinstatement of the worker in her position, compensation for financial and moral damage, but also the application of administrative measures to the company itself in the form of a fine, the amount of which can be up to fifty thousand rubles.

Arbitrage practice

In one of the courts of the Russian Federation, a former employee’s appeal to the company was considered with a request to cancel the dismissal order, change the wording of the reason in her personal work book, as well as compensation for moral damage caused.

When studying the content of the appeal, the following was established.

The initiator was labor relations with the organization on the basis of a signed agreement. The person was periodically not allowed to perform his duties, citing a lack of funds. In this regard, the employee went to court to protect her rights. During the investigation, the organization did not present any documents confirming the fact of recording absenteeism. When management changed, all employees were informed that the composition of the staff would change. When returning to work, the initiator is presented with all reports of absenteeism and a dismissal order for this reason. The proponent does not agree with this result for the following reasons. The court refused to satisfy the previous request, but its decision did not come into force at the time of dismissal. The shift schedule was not communicated to her. At the time the relationship ended, the employee was pregnant. In connection with the above, the employee asked to cancel the decision, change the contents of the entry in the work book, and compensate her for financial and moral damage due to an unforeseen interruption in activity.

The initiator's representative explained that the woman wrote under duress from her manager. However, I was not familiar with the relevant order. When she returned from vacation, she was not allowed to work. The employee could not explain who exactly carried out this action.

A company representative said that absenteeism occurred. However, the worker refused to give explanations and familiarize herself with the act, explaining this with her intention to go to court. She was offered, as an option to solve the problem, to resign of her own free will, both during the conversation and by sending mail notifications. However, the woman refused the proposed exit.

After studying the presented materials, it was established that the employee was familiar with the leave order, which was personally signed on the document. The company presented acts that confirm the fact of absenteeism, as well as notifications that were sent to the worker. The facts of dismissal from work were not confirmed.

According to an extract from the special register, the organization was not in the process of liquidation. According to the rules of the Labor Code of the Russian Federation, when deciding on dismissal, notification of the manager about pregnancy does not affect the established guarantee. That is, there was no reason for it.

Based on the data studied, the court made its conclusion. The order to dismiss the employee was annulled. The entry in the work book has been changed. A new wording was indicated that the person resigned at his own request. Were paid cash for financial and moral damage. The company was charged funds for considering the appeal.