Sadhguru on Pregnancy & Motherhood
Work and pregnancy: what should the expectant mother be afraid of?
Motherhood is great! And every woman knows about it. Waiting for a baby is a magical time when it is very important for the expectant mother to feel peace, calmness and be happy. In the modern world, career is one of the defining words of life. Therefore, many expectant mothers continue to work until late.
However, very often there are situations when pregnancy entails dismissal. If you look closely, there are a number of situations in which the dismissal of a pregnant woman is quite realistic, but whether you fall under this list is another question. Before giving up, you need to study what the law says about this.
When you can't fire a pregnant woman?
Can a pregnant woman be fired from her job?
There are a number of reasons that are not good reasons to fire a mother-to-be:
- Unreasonable desire of the employer;
- Inability to perform work duties (for example, if the work includes lifting weights, which is excluded for women in position);
- If the expectant mother is on probation and begins to show unsatisfactory work results when pregnancy occurs;
- If there is another employee with whom the work was carried out part-time in favor of this employee.
All this is valid if there is an official document issued by the antenatal clinic and confirming the pregnancy of the future mother. In addition, the employer must also be notified as soon as possible.
In most cases, no one has the right to fire just like that, but spoiling life is quite possible. An employer can apply various penalties (canceling bonuses, reducing wages, etc.) if he has all the evidence that the work has become ineffective.
When can a pregnant woman be fired?
At the same time, the dismissal of the expectant mother is quite possible if the employer can prove that she caused serious harm to the company. For example, when committing corporate crimes. Naturally, all this must be officially confirmed.
It should be noted that the interesting position of the expectant mother is a weighty argument for the forgiveness of many offenses - truancy, default on duties, thefte property - all this is a reason for fines, but not for dismissal. Even disclosing corporate secrets is not a sufficient reason.
If the company in which the future mother works has ceased to exist, then all employees are laid off, regardless of their position. However, the planned reduction of a girl in position is simply impossible.
If the expectant mother works under the contract, and it ends in the near future, then you have every right to extend it, and no one can refuse this. If you yourself refuse, then the dismissal will take place on a completely legal basis.
Such controversial issues as a change of leadership, reorganization of the company, etc. are also not a sufficient reason for being unemployed.
Most employers who, for some reason, do not want to keep a woman in a position in their state, demand to write a letter of resignation of their own free will. If you write it and then change your mind, then only one option is possible - to have time to withdraw it within two weeks. True, in this case, if your place has already been taken, then it is possible to offer a transfer to another area or to another office. If you refuse such an offer, the dismissal will be carried out legally.
Where to expect help?
All rights of pregnant working women are protected by the federal labor inspectorate. In case of conflict and disputable situations, you can contact this organization. A detailed check of the employer, the company, the legality of their actions in general and in relation to you will be carried out. In addition, it is also possible to apply to the prosecutor's office or the district court. In any case, you must have evidence of a violation of the law (this is especially important for the court) - witnesses, documents, etc.
You can apply for a review of the legality of your actions while you work for the company and if you have already been fired. In any case, a request to review the legality of an action must be filed within three months from the moment these actions were committed.
The Labor Inspectorate may issue an order to reinstate a dismissed employee and pay moral compensation. In addition, the employer may himself be fined or even suspended from work, depending on the severity of the violations found during the audit.
Even if a pregnant woman is dismissed legally, a warning about this must be received at least two months in advance.
All this time, the expectant mother should receive at least the average salary for the last year.
If you are working in a position that involves difficult working conditions, you must apply for a relaxation of these conditions. The employer will be obliged to find an easier position with the same wages or be completely released from work under the same conditions.
What follows from thist?
Let's summarize. If you are working and suddenly find out that you will soon have a child, then you do not need to panic. To keep your job, first of all, you need to notify your employer about your interesting situation and back it up with a certificate received from the antenatal clinic.
If the management tries to fire the expectant mother without good reason, then the best thing you can do is not to give these reasons and seek help from the appropriate law enforcement agencies, which will check the legality of your employer's actions. In most cases, the law will remain on your side.
However, it is worth considering whether you would like to continue working where the already complicated relationship will be.
Although, during the maternity leave, a lot can change - from the general system of the company to the executives.
Thus, the decision to stay in the company or quit is entirely up to you.