The number of employees entitled to benefits has increased significantly in recent years. The law provides them with many guarantees, including when hiring and firing.
Among the "beneficiaries" there are also ineffective employees who do not fulfill their duties, commit offenses - and at some point the question of terminating the employment contract arises. But if the tools of influence are clear for ordinary employees, it is necessary to act differently with protected categories. Elena Kozhemyakina, managing partner of the law firm BLS, told which employees are the most difficult to fire and what the company has the right to do.
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Pregnant women are the most protected category of employees oman whatsapp phone number in Russian legislation. We are sure that this is correct and absolutely fair.
The law allows pregnant women to be reprimanded or reprimanded for misconduct or failure to perform duties. But dismissal for guilty actions is prohibited under any circumstances. And it is generally prohibited to terminate an employment contract at the initiative of the employer.
Article 261 of the Labor Code of the Russian Federation provides only one exception: the contract can only be terminated in the event of liquidation of the company.
Yes, the law does not prohibit a woman from leaving of her own free will or signing an agreement of the parties, including with compensation. But a woman can revoke her consent at any time. And we, as lawyers, recommend meeting her halfway, terminating the agreement and keeping her at work. The court will recognize the dismissal as illegal in any case and reinstate her. Therefore, let the woman work calmly, and then go on maternity leave. And after the leave, you can return to the issue of her activity and ability to work, but in practice we see many examples when a woman returns and continues to work efficiently and effectively.
Employees on maternity leave
The second protected category of employees are people on maternity leave. Although the law does not have such a concept, maternity leave is usually understood as leave to care for a child - and such leave can be taken not only by the mother, but also by the father, another relative or guardian who actually cares for the baby. Accordingly, the benefit applies to such an employee.
By law, the company has no right to reduce or fire him based on the results of the certification (if the employee does not pass it). At the same time, the employer has a number of legislative opportunities to part with ineffective employees. These opportunities relate to dismissal for culpable actions (committing a gross misconduct or failure to perform duties) and to changing the terms of the employment contract.
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If the employee does not agree to the new terms, the company has the right to terminate the contract in accordance with paragraph 7, part 1, article 77 of the Labor Code of the Russian Federation. It is possible to apply these grounds, but it is not easy. Here, the employer must rely on the documentary fund. Our experience shows that if there is correct evidence and well-prepared documents, the company has very good prospects in court if the employee files a lawsuit.