In each country there is a special category of citizens in need of additional protection of the state from illegal actions on the part of employers. They should first refer women to the status of single mothers. Indeed, they have a hard time, because the need to combine the functions of raising a child, his development and his worthy life. Therefore, the responsibility of the state is to protect the fundamental rights of women in many areas of social life.
That Article 261 of the Labor Code of the Russian Federation clearly defines the main reasons that can not be initiated by the employer formally and without legal violations to fire a single mother from work, if it is educating a child under fourteen years of age or a disabled child under eighteen years of age. There are several, and include such basic:
reduction in the number of employees, company or other organization where such a woman;
its inconsistency with the post;
change of ownership of a business or company, which is connected with labor activity of a single mother.
However, Article 81 still leads the legal grounds for the dismissal of women that category. In principle, these factors are no different from those that are cause for termination of employment with any negligent employee. Thus, the legal dismissal of single mothers possible for any of the following reasons.
Liquidation of a business entity
No firm, company or government agency is not immune from major financial loss, or other factors that threaten their continued existence. So if for some reason the activity of the company, which employs a single mother, is terminated, for example, or the production company went bankrupt or their profitability does not meet the owners, causing the collapse of business, the employees laid off without their consent. The same can be said about the individual entrepreneur: he is ceasing its function as an entity engaged in any activity that may unilaterally sever the employment relationship with employees, including those with single mothers, legally. All these factors are reflected in paragraph 1 of Article 81 of the Labor Code of the Russian Federation.
Violation of labor discipline
Unscrupulous employees have among the majority of citizens. And as law, employers are faced with such employees may fire them on their own initiative. Therefore, if a single mother systematically violates prescribed in the company or in the company of labor discipline and punishment is an appropriate plan, the employer legally terminate her employment relationship. This is reflected in paragraph 5 of Article 81 of TC of the Russian Federation ..
Careless attitude to the entrusted material (money or goods) values
Material and responsible persons should be treated with maximum attention to his duties. For them totally unacceptable flagrant violations of labor discipline. After all, these people are responsible for monetary and commodity values of the company, and their negligence, they can greatly undermine the confidence of the management and of losing their jobs on a completely legitimate. For single mothers in such a case, the exceptions are not provided. This was detailed in paragraphs 6 and 7 of Article 81 of the Labour Code.
If a single mother allowed herself to be absent from work for a whole day or shift, no matter for how long, without good reasons, it can be fired for absenteeism. The same applies to the case if the worker did not appear in its place for more than four hours during the shift or working day and did not provide documents justifying her absence. Although single mothers, and in some cases have to leave work to solve urgent problems, because apart from them there is no one to do it, but abuse the patience of management still not worth it. More details can be found in paragraph 6 of article number 81 of the LC RF.
The presence in the workplace in the state caused by the use of alcohol, drugs or toxic drugs
Indeed, such conduct should be punished with dismissal because of such employee is a threat not only for themselves. After all, his fault may be affected by other people, if the work is related, for example, vehicles or other areas, providing responsibility for human lives. Therefore, the fact that single mothers in this case applies the same penalties as to all other employees, can not cause a negative reaction. For more information, referred to in paragraph 6 of Article 81 of the Labor Code of the Russian Federation.
Disclosure of secrets protected by law
These are the cases in connection with the production necessity employee in the status of single mothers become known commercial, official, state or other secret information that it has no right to make public. Usually, a worker shall be notified in writing and take the appropriate receipt. There is also a ban on the disclosure of personal data of other employees. More details can be found in paragraph 6 of article number 81 of the LC RF.
Embezzlement, misappropriation or destruction of its
Perfect workplace theft of another's property is on a small and a large scale, is a legitimate reason for the perpetrator or the culprit can be fired legally, even if it is a single mother. The same applies to waste and intentional damage to or destruction of any commodity-monetary values of the company or another employee, if such a fact relevant authorities recognize the crime or misdemeanor. This is reflected in the same paragraph, number 6 of Article 81 of the Labour Code.
Disregard for the rules of labor protection
If an employee has violated the requirements of safety and this has caused the accident, accident, accident at work or a real threat of such events, it is for that dismissed by the employer of all those responsible, even single mothers. However, such punishment is lawful only if there is an appropriate act on violations of the Commission or the Commissioner for Labour Protection. More details can be found in paragraph 6 of the same 81st article of the LC RF.
If the work is a single mother is linked to the performance of educational functions (teacher, principal, vice principal, assistant educator, and so on) and that she committed an act contrary to the rules of treatment of children and the basic moral standards, then for this it may dismiss the initiative guide. Since the essence of the offense is really no reason and opportunity to continue the work, the output is only one - the termination of the employment relationship. More information about this can be found in paragraph 6 of Article 81 of the Russian Federation TC.
Employment of forged documents
Sometimes people are so much in need of work, or wish to occupy an important position, they are trying to achieve this by any means. And often go to the deliberate falsification of documents, such as sanitary certificate or diploma. It happens that such cases are never disclosed by anyone and are only on the conscience of the employee. But often the information that important documents are fiction, yet comes out, then the employer is simply obliged to terminate the employment relationship with the employee. And the status of single mothers are not rescued. More about this can be found in paragraph 11 of article number 81 of the LC RF.
Termination of employment contract
A single mother can be dismissed on legal grounds, if expired, during which it operated an employment contract with the employer, and he does not want to renew it. In fact, it happens quite often, but it is lawful, because people already knew about the period for which it provides jobs. Therefore, it can navigate and find another place in time. This is detailed in Article 79 of the Labor Code of the Russian Federation.
There are a few points that allow the employer to terminate the employment relationship with a woman in the status of single mothers, for example, it can not perform their duties for health reasons (paragraph 8 of Article 77 of the LC) or a refusal to change the essential terms of the employment agreement (paragraph 7 of Article 77 TK). These reasons are also common to all workers.
Summing up, it is necessary to note that the Labour Code is written in order to maintain a balance between the interests of workers and employers. And in order to properly carry out the laws of the country, they should first become familiar with. This applies to both of us, employees and those who provide our employment places. But it often happens that it is vulnerable categories of people, such as single mothers, just have to be guided well in their rights to prevent illegal actions by unscrupulous employers. And it usually is never superfluous.