Is it possible to cut a pregnant woman?

The labor legislation of Ukraine and Russia is constructed in such a way that pregnant women are reliably protected from the actions of unscrupulous employers who infringe on their rights. Future mothers are given certain social guarantees, through which they can be sure of their own safety.

In this article, we will tell you in which cases you can dismiss or cut a pregnant woman, and whether the employer can do it on his own initiative.

Can a pregnant woman be cut?

The legislation of Russia and Ukraine provides quite a lot of grounds for which the employer may be dismissed or reduced by the employer. Meanwhile, for future mothers, most of them are not valid. So, according to the legislation of both states, the reduction of pregnant women is possible only with the complete liquidation of the enterprise.

In other cases, the deprivation of the future mother of the workplace granted to her will be illegal. It should be noted that the complete and final liquidation of the organization is considered to be its exclusion from the unified state register of legal entities, and until this date the employee who expects the birth of the baby can not be dismissed even if there are other grounds for this.

If, however, the company reduces the position of a pregnant woman, and the organization continues to function, the employer must offer his employee another job or send it to another unit. At the same time, the HR department has the right to choose for the future mother as a workplace, corresponding to her specialization and qualification, and any other position with which she can cope for health reasons.

For the same reason, the reduction of a pregnant woman is not allowed with a reduction in the number of employees. Since there is no liquidation of the enterprise, the employer must choose other employees for forced dismissal, and keep the mother's workplace for the future mother.

What if I learned after pregnancy that I'm pregnant?

All social guarantees relating to pregnant women begin to apply only after the employer is provided with a certificate of the "interesting" position of the employee, indicating the length of the pregnancy and the time of registration at the medical institution.

Since before this time all workers have the same rights, it is not uncommon for women to receive a notice of reduction at work and only after that they learn that they will soon be happy motherhood. Do not be scared if you have a similar situation.

If, after the reduction, you learned that you are expecting a child and were already pregnant at the time of dismissal, boldly ask the employer to reinstate you in the position. To prove the presence of pregnancy, to the application you will have to attach a certificate indicating its date.

Since the reduction at the request of the employer in such a situation is illegal, most organizations meet their employees and make changes to previously issued documents in connection with changed circumstances. If the company refuses to meet your requirements, you have the right to apply to the Labor Inspectorate and the judicial authorities to resolve the issue of infringement of the labor rights of a pregnant woman.