Liquidation of an organization, dismissal of employees on maternity leave. Peculiarities of dismissal of maternity leave during the liquidation of an enterprise

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Dismissal of a maternity leaver due to the liquidation of an enterprise is still possible, although the law especially protects the rights of women expecting a baby and those raising children under 3 years of age. These are quite rare cases of termination of employment contracts, but they do happen.

The term “maternity leave” dates back to 1917, when the Council of People’s Commissars adopted a legislative act (they were then called decrees) regulating the payment of certain amounts to expectant mothers. This term is absent in modern laws, but when they say about a woman that she is on maternity leave, they mean the following:

• leave granted to a working woman in connection with the birth of a child (this is discussed in Article 255 of the Labor Code);
• leave granted to an employee for subsequent care of the baby (Article TK - 256).

The first can only be used by women expecting a baby, and the second can be used by any person who will take care of the little person, for example, a father or grandmother.

Dismissal of employees who have been granted any of these types of leave is prohibited if this initiative comes from the employer. But not always. When a business closes, the law obliges the company to terminate all contracts it has with employees. This also applies to those contracts under which persons who are in at the moment on maternity leave.

The Supreme Court confirms the possibility of dismissing such employees in its 2008 ruling. The filed claim for reinstatement of the maternity leaver in her previous position will be rejected, since the company has ceased its activities. The Supreme Court of the Russian Federation also points out that upon liquidation, all obligations of the company are terminated without passing to the legal successor.

Liquidation of a company as a basis for laying off an employee on maternity leave

According to the Civil Code of the Russian Federation, a company can be liquidated based on a decision of the persons who founded the enterprise, or the executive body, as well as in accordance with the decision of the courts. The court may prohibit the company from continuing its activities based on the requirements government agencies due to illegal registration, in the absence of permits to conduct this type of activity and for other reasons. The founder, seeing that the organization has not achieved its goals, may also demand that it be closed.

But if a court declares a company bankrupt, this does not mean mandatory liquidation of the enterprise. It is quite possible that a decision will be made aimed at improving financial condition companies. Accordingly, the reduction of employees due to the cessation of the company’s activities will be premature, especially the dismissal of a maternity leaver. Any court will recognize these actions of the employer as illegal.

In 2014, Rostrud received a letter from the Supreme Court stating that the reduction of employees due to the liquidation of a company can only be carried out if there is an act issued by an arbitration court, which confirms that the enterprise is ceasing its activities and being liquidated.

Dismissal of an employee on maternity leave

The dismissal of a maternity leaver during the liquidation of an enterprise should be carried out according to the following algorithm:

• you should inform the trade union body and agree with it on all aspects of the upcoming dismissal in order to avoid violation of the rights and interests of team members at least 3 months in advance;
• about the upcoming reduction, the reason for which is the liquidation of the organization, it is necessary to notify the employment service 2 months (in some cases 3) before the date of termination of the contracts;
• Employees, including those on maternity leave, are warned 2 months in advance of their upcoming dismissal;
• at a liquidated enterprise, an order should be issued stating that employees are dismissed due to the cessation of the company’s activities;
• registration of work books with corresponding records of dismissal is done;
• Full calculation of employees is carried out, work books and other necessary certificates are issued on the last working day.

It is difficult to serve notice of layoffs on employees who are absent from the workplace because they are on maternity leave. If this cannot be done in person, then you should send by registered mail with notification of delivery. And it is difficult to familiarize such employees with the order, so it is necessary to draw up an appropriate act.

The law obliges the employer to pay maternity workers the following amounts as a final payment:

• a benefit that is provided for all working women who have gone on maternity leave;
• benefits provided to all those who care for the baby;
• severance pay and other payments that all dismissed employees receive;
• compensation payments for all vacation days that could not be used before the date of reduction;
• additional compensation payments, if provided by the company.

Compensation payments to employees on maternity and child care leave

The dismissal of a pregnant woman during the liquidation of an organization is accompanied by the payment of benefits provided by law, accrued for the entire maternity leave. This amount is always paid by the company. If the sick leave is provided to the employer before the dismissal of the maternity leave, then it is impossible to refuse to pay her. If the employee is already receiving child care benefits before the dismissal, the employer stops paying it the day before the dismissal.

The employer is obliged to pay an amount calculated in accordance with the number of days from the beginning of the month. But the employee should not worry about subsequent payments - she will not lose anything. However, only from this moment on, it will not be the employer who will pay her, but the Social Insurance Fund authorities. A woman should only take from her employer a copy of the order stating that she has been granted maternity leave and a certificate of compensation payments in connection with the birth of a child. Based on these documents, the FSS will begin to pay the amounts required by law.

Any employee who resigns due to the cessation of business can expect certain amounts to be paid by the employer. This is severance pay, benefits for the 2nd month after the date of dismissal and benefits for the 3rd month. The latter is based on a certificate from the employment center. To obtain it, you must contact this service and register there. A dismissed employee on maternity leave can also count on the same payments. And even the fact that she has already received the benefit that all pregnant women are entitled to by law does not play any role in this.

Closing an enterprise also involves paying for vacation days that the dismissed person did not have time to use. This payment is due to all employees, including maternity leavers. Compensation is calculated from the amount that was accrued to the employee for the 12 months preceding the date of layoff.

But it often happens that a woman has been on leave to care for a small child for more than a year. She will receive compensation based on average salary 12 months before the start of maternity leave, that is, when the employee was working and receiving a salary. In this case, maternity leave is not included in the period taken for calculation.

The calculation also takes into account possible salary indexation. For example, an employee’s salary before maternity leave was 20,000 rubles. But a year later the company indexed it to 25,000 rubles. The indexation coefficient was 1.25. It is with this in mind that compensation for unused regular vacation should be calculated.

Dismissal of a maternity leaver working in a branch of an enterprise that is being liquidated

If not the entire enterprise is liquidated, but only a branch ( structural unit), located in another locality, then the personnel are subject to dismissal under the same conditions as when closing the company as a whole. Termination of employment contracts with women on maternity leave becomes an exception to the provided rules, since the Labor Code of the Russian Federation allows the dismissal of such employees only if the organization is completely closed.

In such cases, judicial practice is based on the clarifications of the Supreme Court, which states that although branches do not have complete independence, their management still has the right to hire and fire employees independently.

Branch managers act in accordance with Article 81 of the Labor Code of the Russian Federation, which does not oblige them to take care of the subsequent employment of those dismissed. But still, each case related to the reduction of women expecting a baby or caring for small children is considered separately, on an individual basis.

Sadly, staff reductions due to the liquidation of a company also affect those employees who are especially protected by law, that is, women on maternity leave. There is only one consolation: the employer is obliged to pay them everything that Russian legislation provides. But here, too, there are exceptional cases: bankruptcy of the company and lack of funds to pay the staff.

Aug 17, 2017 zakonadmnin

Many subordinates are concerned about the liquidation of the organization and the dismissal of employees on maternity leave. After all, labor legislation guarantees job preservation, but in this case, even young mothers have to look for a new place of work.

Decree

Maternity leave is the leave a woman takes during pregnancy and after the birth of her baby. The employer is obliged to pay for the entire period of maternity leave and guarantee the employee the preservation of her job. In other words, she cannot be fired.

The duration of maternity leave depends on many circumstances. And first of all, it’s health expectant mother and her baby:

• 140 days are provided if there are no medical indications to increase this period;
• A woman receives 156 days for difficult childbirth;
• The employer is required to provide 194 days if there are several newborns.

Usually you go on maternity leave at 30 weeks of pregnancy, but, if necessary, you can go home at 28–29 weeks. Payments for maternity leave are calculated on the basis of the sick leave certificate provided by the employee. After the calculation is completed, she is paid a lump sum benefit.

After the birth of a child, an employee can take leave to care for him for 1.5 and 3 years. The organization also pays for this period, according to established rules. But benefit payments are already made monthly. After this period, the employee can return to her position and continue working. But when an organization is liquidated, maternity pay is paid differently.

Liquidation

Any company can go bankrupt, that is, cease to exist. This is a long procedure consisting of several stages. The reason for closure can be any, but management is obliged to follow all the rules so as not to violate the rights of its employees. Closing an organization is possible on the following grounds:

1. The decision of the founders of the enterprise.
2. Court decision.

The standard procedure for liquidating a company includes the following steps:

• notification to the employment service;
• no later than 2 months before the termination of activities, the employer is obliged to notify employees about this in writing;
• then issue an order to dismiss the entire staff;
• prepare the necessary documents;
• pay wages and issue work books.

The employer must contact the employment center 3 months before the closure of the enterprise. Individual entrepreneurs can send 2 weeks notice. The form of such a letter is not established by law, but there are generally accepted rules for formatting.

The main thing is that the document contains the following information about each employee:

• profession;
• experience;
• qualification;
• salary size.

It is not necessary to fire all staff at once. Management may retain some subordinates until the enterprise is liquidated. If employees do not sign the notice, then a corresponding document must be drawn up. The employer is also obliged to inform employees who are on maternity leave. This can be done in two ways:

• call for work and hand over the notice against signature;
• send a message by registered mail.

Reference: the dismissal of a pregnant employee or one who is on maternity leave during the liquidation of the company is permitted.

If a branch of an enterprise is closed, then all employees are also dismissed. Including those who are on parental leave. The company is not obliged to provide them with other jobs, since this is not a layoff. Before liquidating a branch, managers are required to carry out the standard procedure for notifying subordinates.

For an employee on maternity leave, the company that is being liquidated is obliged to provide severance pay. The balance of maternity benefits, if the employer has not managed to pay them, is transferred by the social security authorities. If a woman has not had time to apply for maternity leave, she should contact the Fund social insurance independently, since the liquidation commission will not carry out settlements.

Payments during maternity leave to care for a baby are also made by social security authorities, since a liquidating enterprise is not able to do this. Calculation monthly allowance remains the same. That is, the salary for two years is taken, the average daily earnings are calculated, etc.

In addition to providing maternity benefits for an employee on maternity leave, the following are provided:

• compensation for unused vacation days;
• compensation for early termination of an employment agreement.

After a subordinate is fired, she receives compensation for vacation. The calculation is carried out according to established rules. First, the person’s average daily earnings are determined and multiplied by the number of days off. The employee must receive the money along with the work book and other payments.

As for compensation for early termination of the contract, its amount is also determined based on average earnings. Let's say an employee received a notice on April 30. Based on this, the dismissal should take place on July 30. But the parties (employer and subordinate) terminated the employment agreement on May 3. The employer is required to compensate for the remaining 57 days.

The organization may not provide additional payments due to its bankruptcy. In practice, it is quite difficult for employees to even receive wages during the liquidation of a company. The fact is that employees are second-priority creditors, and when debts are paid, there is no money left for them. But you don’t need to worry about maternity payments, since they are provided by the social security authorities.

Registration

When an organization is being liquidated, dismissing employees on maternity leave and maintaining their payments is the responsibility of the employer. However, not many of them fulfill their obligations. And as a result, many women say: “I’m on maternity leave, the company has closed, and benefits are not paid.”

To avoid finding yourself in such a situation, you need to contact local authorities social security independently. To do this, the employee must obtain from the employer a certificate of personal income tax payment for 3 years, a salary certificate, and also prepare a corresponding application. It must be endorsed by the manager. A government agency may require a work record book, a bank account and other additional papers.

If you need to go to court, you should remember that the statute of limitations for non-payment of funds begins 3 months after the liquidation of the company.

In addition, the company can provide dismissed employees who are on maternity leave:

• severance pay, the amount of which is the person’s monthly earnings;
• a benefit in the form of a month's earnings before the employee is hired (its amount does not exceed 60 average salaries per day).

Maternity leave for an employee and liquidation of an enterprise are two seemingly incompatible concepts. But since the organization ceases to carry out its activities, all employees without exception are dismissed. For the woman in this case, care should be taken to ensure that all necessary benefits are guaranteed.

Not all organizations are able to survive in conditions of constant competition and endless changes in the economic climate.

When an organization is liquidated, all employees without exception are subject to dismissal.

And even such a socially protected category as women on maternity leave are also subject to termination of relations. But the dismissal of a maternity leaver is a special procedure that must be followed in order not to aggravate the already unenviable position of the legal entity and not lead to legal proceedings and additional fines.

The complete liquidation of an organization is carried out only when there is no longer any chance of its profitability, or in cases where it has achieved the ultimate goal for which it was actually created.

Closing legal entity produced in two main ways:

1. Forcibly, if there is a corresponding court order. This practice is very common in bankruptcy. Then, first, a bankruptcy decision is made in court, and then a decision is made to close the enterprise.
2. Voluntarily, if such a decision is made by the board of directors, founders, shareholders or other authorized representatives.

The possibility of voluntary closure of a legal entity is always specified in the constituent documents, as well as in the Charter of the enterprise itself.

Complete closure of a company is a complex and time-consuming process.

It consists of several mandatory steps:

1. Making a decision.
2. Settlements with creditors.
3. Payments of foundation funds.
4. Registration of closing.

After a decision has been made or a court order has been received to close the organization, a special liquidation commission is created. It should include both representatives of the company’s management team and third parties who are obliged to ensure the legality of the procedure and compliance with all requirements and norms of Russian legislation.

The commission is developing an action plan that will be gradually implemented at the enterprise. The plan may stipulate that layoffs will be carried out in several stages or in one go. In any case, maternity leavers remain on staff until the very end, right up to the complete liquidation of the organization. The benefit is also paid to them by the organization, and after closure, this mission is entrusted to the Social Insurance Fund.

Notification to the employee

The dismissal of a maternity leaver due to the liquidation of an enterprise falls under general procedure, but still has significant differences.

After the decision to liquidate has been made and a liquidation commission has been appointed, the enterprise reports the developed plan to the employment service. This body provides additional protection to those being dismissed and monitors the legality of the steps taken. Moreover, at the first stage, it is the employment service that coordinates and adjusts the action plan. In addition to the employment service, the trade union committee is also actively involved in the process. Although the trade union cannot reverse the procedure, it is the trade union that must become the guarantor of the rights of the workers on the spot and ensure that not a single one of them is fired without benefits.

Payments and compensations

When an enterprise is liquidated, management faces several global tasks, and one of the most important is compensation for the damage caused to employees due to loss of work. Compensation has clearly established limits and is enshrined in legislation.

The employer is obliged to pay each dismissed person:

1. His previously unpaid wages.
2. Liquidation benefit.

Salary and vacation compensation are standard payments accrued upon dismissal. But the liquidation allowance is a special type of payment that is aimed at supporting those laid off while they look for another job. Payments in connection with the liquidation of an enterprise are equal to two average monthly salaries of a specific employee.

Employees who are on maternity leave at the time of closure of the organization also receive all the amounts listed and a two-month compensation allowance. To calculate it, the accounting department calculates the employee’s average monthly income, which is multiplied by two. This benefit is paid to support a person while looking for work. And although women on maternity leave, for obvious reasons, cannot go to work in their position, they are also entitled to this payment in the same amount as other employees.

There are cases when benefits may not be accrued, for example, if the court determines the bankruptcy of the organization. Then payments are made only to the extent that management can handle or employees quit without it at all.

Bankruptcy does not cancel the obligation to pay wages and compensate for unpaid vacation days.

Judicial practice

The Odintsovo City Court of the Moscow Region considered the case based on a lawsuit filed regarding an incorrect entry in the work book.

The plaintiff, who was on maternity leave, was dismissed from the enterprise due to its complete liquidation. She received notification of the closure of the organization on time, which corresponds to this document and her handwritten signature underneath it. On the specified date, the plaintiff received the payment, and a little later by post She was delivered a work book and a certificate that allows her to submit documents to the Social Insurance Fund to further receive maternity benefits. Meanwhile, the employer made an entry in the work book that did not correspond to reality, namely, he indicated that the dismissal took place on the initiative of the employee and the initiative of the employer, citing Article 81 part 1 of the Labor Code of the Russian Federation. The plaintiff considered this entry to be incorrect and asked to change it to something appropriate to the situation, since she did not write any resignation letters. In addition, the plaintiff filed a claim for moral compensation.

Having considered all the nuances of the case, the court decided to change the entry made to “dismissed due to the liquidation of the enterprise” and pay the plaintiff 5,000 rubles in the form of moral compensation.

When an enterprise (organization) is liquidated, all employees are subject to dismissal, including pregnant women and employees who are on parental leave until they reach 1.5 years of age. The rights of persons of these categories are determined by current legislation Russian Federation.

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Rights of women and children at work

The rights of women and children from the point of view of labor legislation are regulated by Chapter 41 Labor Code, which defines a system of norms ensuring the protection of women’s rights in the labor sphere.

In addition, Article 253 and Article 254 of the Labor Code describe norms under which there are restrictions on the use of women as workers, pregnant women and persons who have children under 1.5 years of age in their care.

Articles 255 to 258 define the procedure for leaves and periods for feeding a child; articles 259 to 261 of the Labor Code of the Russian Federation establish guarantees for this category during overtime work, night shifts, holidays and non-working days, etc.

Working conditions

The working conditions of women and the list of jobs in which their labor is limited in application are determined by Article 253 of the Labor Code of the Russian Federation. Legislation for pregnant women provides for a number of benefits, enshrined in Article 41 of the Labor Code.

During pregnancy, a woman has the right to receive a transfer to a job that excludes negative impact production environment during this period.

In addition, the employer is prohibited from:

• Use pregnant women's labor for overtime work.
• Recall from vacation.
• Send for rotational work or work at night, as well as on business trips.
• Replace vacation with monetary compensation.
• Terminate an employment contract on one’s own initiative, except in cases of liquidation of the enterprise or termination of individual entrepreneurial activity by the employer.

Working conditions, including during pregnancy, must be determined by an employment contract, which reflects all aspects, including dismissal and its reasons.

Rules for terminating employment contracts

An employment contract (EA) can be legally terminated for the following reasons:

Reasons for dismissal	Terms	Guarantees
By agreement of the parties	On a general basis	Not provided for by law
Upon expiration of the TD	General grounds; The woman, having the right to extend the contract, did not take advantage of this; There is no possibility of transferring her to another job; If the TD is concluded to replace an absent employee	A pregnant woman has the right to extend the TD until the end of her pregnancy. The right to transfer is provided for by law.
By at will	On a general basis	Not provided
Transfer to another employer's enterprise on your own initiative	On a general basis	Not provided
Refusal of an employee due to: change of owner; reorganization; change of jurisdiction; changes in conditions etc.; transfer to another job related to medical recommendations; the employer does not have a job that is suitable for health reasons;	On a general basis	Not provided
Refusal of an employee due to the transfer of work to another area together with the employer's organization		Not provided
Violation of the rules for concluding trade agreements through the fault of the employer	On a general basis, but it is prohibited to transfer to an area unsuitable for the employee due to health reasons	Not provided
Liquidation	On a general basis	Not provided
Termination of the functioning of a branch or any other separate division located in another location	On a general basis	Not provided

When severing an employment relationship, it should be taken into account that dismissal of a pregnant woman is impossible if:

• did not demonstrate herself in the capacity required by the employer during the probationary period;
• the employer is individual(not an entrepreneur) that has ceased its activities;
• the owner made such a decision alone without the consent of the parties;
• The pregnant woman works part-time.

In all cases when the employer initiates dismissal, court decisions are made in favor of the employee. The only exception is the liquidation of the enterprise.

The dismissal of a woman on maternity leave during the liquidation of an enterprise occurs on a general basis, taking into account the preparation of documentation and the implementation of all mandatory payments provided for by current legislation.

Dismissal of a maternity leaver upon liquidation of an enterprise

Liquidation of an enterprise involves the complete cessation of the activities of a business entity or other form of organization and cannot be accomplished through reorganization into another structure that will carry out activities in the future. In the event of reorganization, the employer is obliged by law to provide the right to work to a maternity leaver, while during liquidation, pregnant women are dismissed on a general basis.

Decision to terminate the activity of the entity

Liquidation of an enterprise is a lengthy process and is carried out in several stages. If liquidation is carried out due to bankruptcy, then the dismissal of employees is regulated by Article 81, paragraph 1 of the Labor Code of the Russian Federation.

In such cases, the legislative act provides for the continuation of length of service for women on maternity leave until the organization is excluded from the unified state register of legal entities.

Employees are paid severance pay and wages for 2 months. Sometimes, due to the length of the procedure and the insolvency of the employer, the question of voluntary dismissal may arise, and although such a procedure provides for lump sum payments, pregnant women, like other employees, can take advantage of this offer to speed up the receipt of the due monetary compensation.

During liquidation, legislative norms provide for the dismissal of employees during their absence from the workplace, namely those on maternity leave, absent for health reasons or to care for children. The employer is obliged to notify employees of dismissal within the period established by law.

Worker notification

The head of the enterprise is obliged to notify employees of dismissal no later than two months before the actual liquidation of the enterprise. With the consent of the employee, the TD can be terminated in advance, without relying on the provisions of the law on liquidation.

In any case, notification of subsequent dismissal must be presented to the employee against signature.

The absence of a visa on a document may become a reason for the employee to go to court.

Preparation of personnel documentation

Dismissal during pregnancy during liquidation is formalized in the same way as for dismissal of other employees. The employer issues an order for the enterprise, which must reflect the date, reason for dismissal and a reference to the payment of monetary compensation provided by law.

The order of the employee subject to dismissal due to liquidation must be familiarized with signature or a corresponding letter sent with notification of receipt.

After issuing the order, the personnel service must record the dismissal in the personal file and work book.

Recording in labor

After the order comes into force and the required compensation, vacation pay, wages and other cash subsidies are paid.

The employer's HR department is obliged to make a record of dismissal in the employee's work book, indicating the order number and reasons for dismissal with reference to the relevant article of the Labor Code of the Russian Federation.

The completed work book is issued to the employee against signature, and a corresponding entry is made in the accounting journal.

Payments and compensations

The amounts of payments that, in accordance with the norms of Russian law, are due to women on maternity leave in the event of liquidation of an enterprise include:

1. Severance pay in the amount of one month's salary.
2. An amount calculated as average monthly earnings for the entire period of work and paid for two months, taking into account severance pay. In addition, by order of the employment service, a pregnant woman is entitled to payment for the third month if she does not get another job within 2 weeks from the date of dismissal.
3. If an employee quits due to early termination of the contract, he has the right to receive additional compensation for the entire period until employment. The amount of payments is calculated as the average salary for the period from dismissal to liquidation of the organization.

After dismissal, a pregnant woman must contact the employment service with an application for registration. This should be done within 2 weeks from the date of actual dismissal or from the date of the order of dismissal and issuance work book. If a child was born after dismissal, you must contact social security, presenting the necessary documents on the calculation of benefits for the newborn.

Judicial practice

Some controversial situations regarding the dismissal of maternity workers can be considered using the example of cases in which decisions were made by the relevant courts. An example of the court's behavior in dealing with a pregnant woman if her employer fired her without notice due to liquidation is presented in many proceedings.

Complete liquidation of an enterprise is the only legal procedure permitted by law, which practically does not have a positive court decision in favor of the employee.

A positive decision is made in such cases if payments, compensations and other payments were made incorrectly, and all employees without exception, including management, are subject to dismissal.

Liquidation of an enterprise differs from reorganization. And a woman due to pregnancy, in case of exclusion of an organization from the Unified State Register of Legal Entities, can only claim the payments that are due to her, as well as to every employee on a general basis. In this case, the state does not provide benefits for pregnant women and additional compensation is not defined by law.

Even if the employer was not notified of the employee’s pregnancy, he has the right to dismiss and at the same time acts within the framework of the law. The law obliges the employer to notify employees two months before dismissal, and this rule also applies to women on maternity leave.

A woman on maternity leave who has not received notice can go to court for compensation for damages associated with the violation of her legal rights, but in practice the employer will get off with an administrative fine, and no damage will be detected for the employee.

In such cases, the employee will simply lose time and money to cover legal costs associated with paying state fees, etc.

The same result will be obtained in court and with other claims by the employee. A dismissed pregnant woman, in order to avoid delays in payments, and during pregnancy cash are especially necessary, it is recommended to try to sign an agreement with the employer to terminate the contract on mutually beneficial terms. For example, reduce the amount of payments from 2 months of compensation to a month, but receive the money without waiting for the general queue.

This is also beneficial because, in the general queue, signs of bankruptcy may be detected at the liquidated enterprise. And although, according to the law, payments are a priority wages and repayment of disability compensation, this process can take 18 months or more. In addition, the actions of temporary managers and other procedures may lead to a result where the company will not be able to make these payments. In this case, there is a possibility of not receiving the salary debt at the time prescribed by law.

The unstable economic situation forces many owners who could not withstand the financial tests to close companies and firms. In order for a company to officially cease operations economic activity, a procedure must be carried out to eliminate it. Only on this basis all workers are forcibly deprived of their jobs.

Important

Employees on maternity leave are also subject to dismissal, but the whole process has significant differences from the annulment of employment relationships with other employees.

Is it possible to fire a maternity leaver?

According to Russian laws, women released from work duties due to the birth of a child have the right to take one of the following leaves:

• for pregnancy and childbirth - regulated by Article No. 255 of the Labor Code of the Russian Federation, which indicates the duration of the incapacitated period;
• for the care of minors - Article No. 256 of the Labor Code of the Russian Federation outlines guarantees for women on maternity leave for the period of their absence from organizations, but only with official employment (maintenance of position and remuneration for the performance of labor duties).

Russian legislators have protected the interests of women on maternity leave; they cannot be fired without obtaining their consent. The only exception is the liquidation of the company. Only during this process can the employment relationship with them be officially terminated. In this case, you must comply with all legal requirements:

• Article 261 of the Labor Code of the Russian Federation. It states that pregnant workers and women on maternity leave cannot be dismissed at the request of management, except in cases of liquidation.
• Article 140 of the Labor Code of the Russian Federation. The document obliges the employer to pay accrued wages and additional money to the employee on the day of her dismissal. If she is absent from the enterprise, then no later than the next day after her demands for the payment of the entire amount due.

Attention

The management of a closed company must pay maternity workers, in addition to accrued earnings, severance pay. In the future, social benefits are transferred to children by social security. If an employee does not have time to take maternity leave, she must visit the local branch of the Social Insurance Fund to receive a lump sum payment before giving birth.

The procedure for dismissing a maternity leaver during the liquidation of an organization

During the complete cessation of the company's economic activities, labor relations with personnel are terminated. The former management, in addition to paying the amounts due, does not provide any benefits to pregnant women and women on maternity leave. After contracts are annulled, their rights are protected by government agencies.

The procedure for closing employment contracts with women on maternity leave consists of several stages:

1. At least 2 months before mass layoffs, all employees are notified of liquidation against signature.
2. On the last day of work, an order is issued to cancel all employment agreements. The paper is provided for review by all personnel.
3. The accounting department pays compensation and salary balances.
4. The HR department issues documents to employees. Women on maternity leave additionally take some paperwork to receive social benefits from government services.

To completely stop business activities, an enterprise needs to spend approximately 4-8 months. During this time, the closing process goes through the following stages:

• a decision is made on the need to liquidate the company;
• a liquidation commission is organized;
• V tax office a corresponding notification is sent;
• information about the closure of an organization is published in special periodicals;
• notification letters are sent to employees, the labor exchange, and creditors;
• carried out by tax officers on-site inspection, lasting up to about 3 months;
• Debts are collected, inventory is taken, documents are drawn up.

Important

Maternity workers belong to a preferential group of citizens, so they are the last to be dismissed. Calculation with them is carried out with some subtleties.

Notification to the employee

According to Article 180 of the Labor Code of the Russian Federation, women on maternity leave are notified of liquidation no later than 2 months before the scheduled date of closure of the company. This document does not have an approved form. It must indicate the reason and time of dismissal.

Attention

If the directorate notifies its employees only verbally, then this is a direct violation of the law, since such provision of information will not have any legal force and cannot be evidence of a warning about future dismissal.

Notifications are printed in 2 copies. One of them is given to the employee. If consent is given in writing, then early termination of the employment relationship is permitted. The preservation of compensation and payments is guaranteed by law.

Paperwork

When dismissing a woman on maternity leave, the paperwork is filled out in the same sequence as for other employees. The head of the organization issues a termination order employment contracts with all employees due to liquidation. The document is supposed to display the exact date of dismissal and its justification, as well as a mention of the due settlement with the maternity leaver.

Attention

The order, immediately after review, is signed by all employees of the company. If this is not done, then the dismissal will be considered illegal.

The personnel service of the enterprise makes the appropriate entries, seals and stamps in work books.

Enrollment in labor

Employees of personnel departments are required to correctly fill out documents for employees of the enterprise. The maternity book contains the following information in 4 columns:

1. Number in order.
2. Date of dismissal.
3. Information about the order, the basis for the annulment of the employment relationship, a link to the article - clause 1, part 1 of art. 81 Labor Code of the Russian Federation.
4. Signature of the responsible employee, company seal.

The work book filled out in accordance with all the rules and other documents are handed over personally to the maternity leaver for signature. At her request and in writing, she has the right to receive the following papers:

• certificate of earnings for the last 2 years;
• 2-NDFL;
• photocopies of orders regarding labor activity maternity leavers;
• payslips.

Attention

A woman may need such documents to apply for required social payments to the Social Insurance Fund and social security - prenatal, postnatal assistance, benefits for caring for young children.

Compensation due

Accounting employees of a closing enterprise must correctly pay off maternity leave. They are required to transfer the following amounts:

• Accrued but not yet paid salary, lump sum or monthly child benefit.
• Compensation amount for the remaining days of vacation.
• Severance pay. This payment is equal to the average amount of 2 months' earnings. Former employees have every right to receive financial assistance again at the labor exchange if they have been unemployed for 3 months. An indispensable condition is to register within the first 14 days after leaving the enterprise.

Important

If a woman did not have time to calculate the amount of her monthly benefit before the company closed, then this is handled by the social security department at her place of permanent residence. The calculation is carried out by multiplying 40% by the amount of average monthly earnings for the year preceding dismissal.

A one-time payment given to women before going on maternity leave is calculated according to sick leave. If a pregnant employee manages to hand it over to the company before liquidation, then management is obliged to transfer the money to her in full. Maternity leave issued after the cancellation of an employment contract is paid by the state.

Immediately after receiving a work book, pregnant women and women on maternity leave should register with the labor exchange. To take advantage of government guarantees, this must be done in the first 2 weeks.