"According to the Labor Code of the Russian Federation, an employee can protect his rights by applying to the labor inspectorate or to court. The rights of pregnant women working women are protected by the norms of the TC RF. For example, the employer cannot terminate the employment contract with a pregnant woman on his own initiative; It can not dismiss it for the program, etc. Pregnant worker woman can be dismissed only in the event of the organization's elimination or on the initiative of the employee. 3 of Art. 77 TK RF.
And, unfortunately, many employers are on this path. For example, an employee starts to persuade to write a letter of dismissal "at their own request." If it does not agree - more rigid methods are entering into business: premium payments are terminated, or only the official part of the salary is paid, the payment "in the envelope" is terminated, etc. Emotional state is low. You cry, and, at first glance, only one thing remains to submit a statement "At your own request", in order not to quarrel nerves, but, as you know, our own health is above all; Nervous cells are not restored, you need to think about the future child.
If you succumbed to such an emotional impulse and still "quit at your own", know that this is a violation of your rights that can be defeated.
In this case, it is necessary to submit a complaint to the employment inspection. The complaint should be set out the circumstances preceding the writing of the statement, and the requirements for verification and attract the employer's responsibility. The responsibility of the employer is enshrined in the Labor Code of the Russian Federation, according to the norms of which the employer carries material, administrative and criminal liability. Art. 145 of the Criminal Code of the Russian Federation for the unreasonable dismissal of a pregnant woman provides for sanctions in the form of a fine of up to 200,000 rubles. Or mandatory work for up to 360 hours.
You can protect rights by contacting the court with a claim to restore at work and payment of forced absenteeism. For this category of affairs, the prosecutor, which gives its opinion on the case under consideration. During the trial, you will need to prove that you were forced to file a "statement on your own request". This is proved by medical certificates of pregnancy, the establishment of a causal relationship between pregnancy and submitting a declaration of dismissal, as well as testimony. The court examines all the circumstances and will satisfy your claim. So, you will be restored at work, the forced rushing will be paid, as well as the compensation for moral damage for illegal dismissal.
For example, a girl with a complaint about the employer appealed to me for legal assistance, who, having learned that she was on the 3rd month of pregnancy, forced to write a statement about dismissal. After time, she calmed down and decided to restore their rights and attract the employer responsibility. We have prepared a claim in which the court requested to recognize dismissal illegal, to restore it in office, compensate for moral damage. In the course of the proceedings, it was proved that she performed her duties after the order of dismissal and that the date of writing the application and the date of the order did not correspond to the chronology of events. Witnesses questioned at the court session confirmed our arguments, and the court satisfied the lawsuit in full.
But I want to pay attention to such an important detail as the term of appeal to the court, the so-called limitation period. According to dismissal disputes, you can go to court within a month from the date of presenting a copy of the order of dismissal or issuing an employment record. If the statute of limitations is missing, the court will refuse to meet the requirements for this basis. The statute of limitations can be restored, but for this we need good evidence of respect for the passage of the procedural term. Such evidence, for example, may be a disease, namely, in the hospital. Or long business trip. In other words, to restore the statute of reference to the court, it is necessary to prove that you physically could not do this. And if the term is restored, then the requirements, with their validity, will be satisfied. "