Another privileged category of employees is parents with many children. They have the same guarantees as employees on maternity leave. According to Article 261 of the Labor Code of the Russian Federation, it is prohibited to lay off the sole breadwinner in a family with three children under 14 years of age if the youngest is under three years old. At the same time, it is possible to change the terms of the contract and dismiss for failure to fulfill duties.
The difficulty is different. According to the law, the only breadwinner cannot be fired if the other parent does not work, but the courts simply take into account the status of the parent with many children, even if both parents work.
The logic is simple: a person did something wrong, but pakistan whatsapp phone number there are no serious consequences for the business, and he has children who will be left without a livelihood. By the way, courts always require employers to justify what the employee's actions led to.
The paradox is that most companies do not think about the need to show a cause-and-effect relationship between the offense and the damage to the business. Therefore, it is important for the employer not only to have the correct documents, but also to analyze the employee's behavior and assess the consequences for the company - and to convey all this competently to the judge.
Employees with disabilities
The law does not prohibit the application to employees with disabilities of all available grounds for termination of an employment contract: staff reduction, culpable actions, refusal to work under changed conditions, etc.
But the peculiarity is different. People with health restrictions have additional social guarantees that are related to the work schedule.
Thus, the duration of the working day for them is determined by the individual rehabilitation program (IRP), and it can be less than 8 hours per day. At the same time, disabled persons of groups 1 and 2 must work no more than 35 hours per week. Such employees cannot be involved in work at night, on holidays, weekends and overtime - without their consent and if this is prohibited in the IRP. They have the right to an annual paid vacation of at least 30 calendar days per year. In addition, upon application, they can receive up to 60 days of vacation per year at their own expense.
It is clear that, given their health characteristics, employees may often get sick and be absent from work.
When interacting with such employees, check all the documents that regulate the labor relations. It is important that all benefits and guarantees are taken into account. And also carefully study the rehabilitation plan. Yes, by law, the employee is not obliged to present it, and in practice, not everyone knows what it looks like. But we always recommend that employers ask for the IPR, since both parties are interested in this. Only with it will the company provide the employee with all the benefits and will be able to correctly draw up all the documents to avoid conflicts.
Parents with many children
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