Can a mother of many children or a father of many children quit their job without working time?

Benefits for families with three or more children were previously provided only to the mother. However, since the end of 2011, federal law decided to equalize the rights of both parents. This is due to the need to answer the question of whether a father with many children can be fired from work if he is raising these same minors.

Status of having many children

About 10 years ago, men who raised three or more children were not particularly protected from possible dismissal. At that time, certain guarantees applied only to mothers with many children. The reason is that the status of having many children could only be officially assigned to the mother. At the same time, the husbands remained completely unprotected.

At the beginning of 2011, quite serious changes occurred in the field of legislation. It was decided to assign status to modern fathers as well. At the same time, the rights of men and working women were completely equalized. Due to this, a man who is raising three minors is guaranteed to be protected from losing his job. It is clear that situations that could lead to dismissal remain, but they are becoming fewer and fewer.

How to quit without working as a mother of many children

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Although the employer can be understood - he has to urgently look for a replacement, and in turn, spend time and money on training a new subordinate. Everything here will depend on the specific situation, so it is impossible to answer these questions unambiguously. If the contract is terminated at the initiative of the employer (it should be taken into account that cases when the employer has the right to dismiss an employee are specifically stipulated by law), then there is no need to write a resignation letter and work it out. Quite often situations arise when an employee goes on sick leave or vacation with subsequent dismissal. How can a single mother quit without working? The specified period begins the next day after the employer receives the employee’s resignation letter.

Benefits for employees with many children

Privileges for this category of citizens are listed in Art. 261 TK. It states here that fathers with many children cannot be fired. The exception to this situation would be the liquidation of the company. For this condition to be met, the employee must be the sole breadwinner for his children. Additional conditions include:

three or more children;
one child under three years old;
there is no wife or she does not work.

A man who is supporting a child with a disability who has not reached the age of majority receives more privileges. In such a situation, the requirement to have a child under three years of age is not mandatory.

In addition to protection from job loss, a man receives other benefits. One of them is the preemptive right to fully retain one’s position in case of staff reduction. But here official status does not really matter. This right is granted to an employee if he has two or more dependent persons.

Protecting the rights of fathers of many children

Often, fathers with many children have to turn to the judiciary and the labor inspectorate to protect their rights. This is due to the fact that employers consider only mothers with 3 or more children to be entitled to benefits. But fathers with many children are also considered a preferential category of workers today.

They face a violation of their rights upon termination of their employment relationship. And then dads with 3 or more minors are reinstated at work, regain the right to an additional 2-week vacation at their own expense, choose a convenient time for the vacation period, and a tax deduction in the company where they work.

The law remains on the side of dads with 3 or more children. It is easy to find out detailed information about the benefits and privileges of this category of workers from local authorities or on the official websites of municipal administrations.

Confirmation of official status

Every employer, before dismissing an employee, is obliged to study information about him. If his choice falls on a person who has three or more dependent children, he checks the authenticity of his status and only then makes a final decision.

Benefits related to maintaining a job will be provided only if there is official confirmation of this status. The following documents must be available:

birth certificates for each child;
marriage document;
copy and original of the official certificate of large families;
documents confirming that the man’s work is the only option for generating income.

The last category of papers and certificates deserves special attention. As such evidence, you can provide documents such as:

Certificate of disability of the spouse.
A paper that reflects the fact that the woman is registered as unemployed.
A document from the university showing that the mother is studying full-time.

It's one thing if the father is simply the sole breadwinner. It's a completely different matter if the father is single. A similar status can be obtained if the mother was deprived of parental rights if she died.

Procedure for terminating an employment contract

The procedure for dismissing an employee who has 3 or more children is carried out in the manner prescribed by Art. 84.1 Labor Code of the Russian Federation. The algorithm of actions is as follows.

There must be grounds for dismissal.

As mentioned above, a father with many children can only be fired in extreme cases at the initiative of employers. That is, the grounds will be:

An order to liquidate the organization and a notice given to the employee 2 months before the organization ceases its activities;
recorded systematic violation of labor discipline, recorded by acts of the organization, and there is also an act of bringing to disciplinary liability this year;
a gross violation of labor regulations was recorded (for example, the commission found a violation of safety regulations, which could lead to harm to other employees) and there is a written explanation from the employee.

In other cases, the grounds for dismissal are considered:

a personal statement from a father of many children to resign from work (Article 80 of the Labor Code of the Russian Federation) or a written agreement on dismissal by mutual agreement with the employer (Article 78 of the Labor Code of the Russian Federation);
notification issued to the employee 3 days in advance about the termination of the fixed-term contract (Article 79 of the Labor Code of the Russian Federation);
a document that allows you to terminate an employment relationship due to circumstances beyond the control of the parties, for example, medical confirmation of incapacity for work (Article 83 of the Labor Code of the Russian Federation).

A dismissal order is issued and personnel documents are drawn up.

In almost all cases, dismissal requires a special document - an Order (form T-8 or letterhead of the organization), a reference to which is made in the work book and other personnel documents.

The order contains basic information about termination of an employment contract:

date and number of the contract itself;
information about the dismissed father of many children;
a link to the rule on dismissal in the Labor Code of the Russian Federation and a link to the basis document (employee application, liquidation order, etc.).

The employee must familiarize himself with this document and sign for it. Refusal to familiarize yourself is recorded in the act.

In the work book, in accordance with Resolution of the Ministry of Labor of Russia No. 69, the following is filled out:

serial number and date of recording (groups 1 and 2);
reason for dismissal with reference to the norm of the Labor Code of the Russian Federation (column 3);
date and number of the dismissal order (column 4).

The employee must sign the personal card, which also contains information about the dismissal, that the work book has been received.

In addition to the work book, the following are issued:

military ID of a father with many children;
2NDFL income certificate (at the request of the dismissed person);
copy of the Order (also upon request).

A settlement is made with the dismissed father of many children.

In accordance with Art. 127 and 140 of the Labor Code of the Russian Federation, a person dismissed on his last working day is paid the remaining wages and compensation for unused vacation days.

If a father with many children is not fired for committing guilty actions, he has the right, instead of compensation before dismissal, to go on leave, which will be paid in accordance with the general procedure.

When an organization ceases its activities, employees are paid severance pay for the duration of employment (Article 178 of the Labor Code of the Russian Federation):

within 2 months;
for 3 months, if the dismissed person is registered with the employment authorities in a timely manner.

In the event of early dismissal due to the liquidation of an organization, a father with many children will also receive additional compensation for the period remaining from the dismissal until the day of liquidation of the enterprise.

Severance pay is also paid:

upon dismissal by agreement of the parties - in the amount agreed upon by the parties;
upon dismissal due to health reasons - in the amount of average earnings for 2 weeks.

The organization has the right to establish other payments for this category of employees by issuing appropriate local acts.

When can a father be fired?

Despite the fact that modern legislation quite seriously protects beneficiaries from dismissal, the manager can still break off the employment relationship. A person with many children may be deprived of his job under the following conditions:

The company is liquidated and work stops. In this situation, all workers quit, even pregnant women. Everyone, without exception, is entitled to compensation.
By mutual agreement. According to labor law, the employer and employee can agree on the terms of dismissal. But there are many pitfalls. Some dishonest managers may persuade an employee to resign by taking this rule into account. If an employee sees dishonesty in the director’s actions, he should not remain inactive. You should definitely defend your rights.
At the request of the employee. No one can forbid a person to leave, even if he is a father of many children. All the employee needs to do is notify the employer two weeks in advance, receive the necessary documents and payment.
Due to downsizing. If things at the enterprise are not going well, if the number of employees needs to be reduced, fathers with many children are given the right to stay.
Employer initiative. The manager terminates the employment agreement. But this is only allowed for serious reasons. For example, a direct reason for dismissal may be regular violation and non-compliance with labor rules and the terms of a pre-concluded agreement.
The end of the contract is another reason to terminate employment. If a person has entered into an agreement for three years, the manager has every legal right not to renew it for various reasons.

There is another reason for terminating an employment agreement with a father of many children. We are talking about circumstances completely independent of the will of the parties. For example, a man worked as a driver of public city transport. But due to drunk driving, he was deprived of his license. In fact, he does not have the right to perform standard work. For this reason, they decided to dismiss him under Art. 83 TK.

Labor Code on dismissal from work without working for 2 weeks

If a citizen wants to take a vacation and leave work, he must write: “Please provide me with 24 days of required vacation from February 28, 2021, followed by termination of cooperation at my request.”

salary for days worked from the beginning of employment until its completion;
vacation pay: even if an employee has worked for a week, he is entitled to vacation. If he did not take it, the employer is obliged to compensate everything financially;
severance pay: some cases of dismissal require such compensation. Sometimes they are specified in the employment agreement.

Dismissal rules

The situation when the reason for legal dismissal is the initiative of the employer is worth studying in more detail. The head of the enterprise must have sufficiently compelling circumstances. This is even more important in a situation where we are talking about a father who independently supports children.

In Art. 261 of the Labor Code presents the circumstances on the basis of which an employer can legally deprive an employee with many children of work:

systematic failure to fulfill duties;
receiving several reprimands in a short period of time;
failure to appear at work without a valid reason;
presence at work under the influence of alcohol or drugs;
issuing secret information to unauthorized persons, and this caused significant damage to the enterprise;
a person was caught stealing valuable equipment or tools;
waste of company money for other purposes;
causing financial damage in any form;
non-compliance with safety regulations, which caused losses in the organization;
committing an immoral act;
hiring a position based on false information, that is, deliberately misleading the manager.

Committing misconduct will be grounds for loss of job if the manager has evidence. In other words, if an employee comes to work drunk, this must be documented immediately in front of witnesses. Later, it will not be possible to fire a person based on words alone.

If there is no evidence of violation of rules and duties, it will not be possible to dismiss the employee.

Is it possible for a mother of many children to quit without working time?

The only condition is that the position must be suitable for her health. If a woman accepts the employer’s offer and transfers to a lower-paid job, then for one month after the transfer, her average monthly earnings from her previous position will be retained. This is an additional supportive measure. The employer is obliged to comply with all stages of the procedure for dismissing a mother of many children. Otherwise, she can file a claim in court and challenge her dismissal. The employer will be obliged to return her to her previous place with the same salary (and if the position is reduced, then restore her to the staffing table), pay for forced absenteeism, and also compensate the dismissed employee for moral damages. An employer cannot lay off an employee with many children while she is on legal leave to care for a child. Important Absence due to illness is also considered time off. An employee also has the right to submit a letter of resignation while on annual leave. These include:

the company is liquidated;
the employee does not perform her duties and is subject to disciplinary punishment;
a woman grossly violates the norms of the Labor Code of the Russian Federation, for example, skips work;
a financially responsible employee committed theft (embezzlement);
a worker performing educational functions behaves immorally;
disclosure of confidential data;
a female manager (deputy) does not fulfill her duties;
submitted false documents when drawing up an agreement with management;
a female teacher used violence against her students.

Is it possible to shorten?

No one can rule out layoffs at the enterprise. This is especially true if it is carried out due to the liquidation of the company. In this case, even pregnant workers lose their jobs, and they cannot be fired at all under any circumstances.

Despite the fact that a person with many children has many privileges, in certain cases he can be legally deprived of his job. This happens in situations:

The employer has to choose between a father with many children and a pregnant woman. Naturally, the employee will remain in the position.
All other employees have a higher and more professional level of qualification and optimal performance.

But even if there is no way out and the employee who raises and supports children alone still needs to be fired, he will receive the following:

the right to move to another, no less attractive position at the same enterprise;
maintaining one average monthly salary;
receiving monetary compensation for late sending of an official notice of layoff. According to the rules, the manager must warn the employee two full months in advance;
receiving benefits for up to two months.

To receive the required benefit, a person with many children must be registered with the employment center. If an employee has been laid off and at least one of his rights has been infringed, he can file a lawsuit. This is an excellent opportunity to receive moral and financial compensation from your former employer.

Retrenchment of a father with many children is possible or not

However, even with benefits, the possibility of layoffs for a father with many children cannot be ruled out. This applies, for example, to the moment of liquidation of a company, when pregnant women are forced to leave their jobs. And there are no reasons for their dismissal.

Therefore, of the 2 candidates for layoffs - a father with many children and an expectant mother - the employer has the right to choose the first one. Also, such a dad will receive an affirmative answer to the question whether he can be laid off if his full-time colleagues are more productive or they are more qualified.

When downsizing, a dad with 3 or more children gains:

basis for obtaining another vacancy in the company (enterprise);
provision of one average monthly salary;
receiving compensation if the employer did not announce a layoff 2 months before the act was committed;
granting the right to payment of severance pay for a period of 2 months.

If there is at least one case of infringement of the rights of a father with many children who is laid off, such father is reinstated in his position by the court. He receives material and moral compensation.

Additional restrictions

There are quite a few different situations in which an employer may encounter problems. To avoid them and not be subject to fines, you should carefully study the list of rights of such an employee. In addition to the fact that a father with many children cannot be fired without reason, there are other, no less important restrictions and rules:

You cannot be required to work overtime.
Night shifts are prohibited.
Working on holidays is not permitted.
Employees do not go on long distance business trips.

These restrictions are necessary to provide the parent with the opportunity to fully care for their children.

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At your own request

It is advisable to record the status of “father of many children” when applying for a job, fill out the documents, and submit them to the HR department. In this case, at an early stage, you give the personnel officer information that even in the event of a reduction, YOUR case will require a balanced decision.

The preferential position must be used, especially since it is enshrined in law.

The voluntary dismissal of a father of many children does not differ in the structure of actions from the dismissal of any other employee in accordance with the Labor Code of the Russian Federation. The person himself chooses and expresses his desire to leave his job. One only has to distinguish between the truly self-proclaimed will of an employee and coercion to resign through various types of pressure.

The employee writes an application, submits it to the personnel department, it goes through all the signature authorities, and passes the bypass sheet. An order is issued, the person being dismissed reads the document, receives a paycheck and a work book.

Employer's liability for illegal dismissal

The illegal dismissal of a father with many children is equivalent to a violation of labor laws, regardless of the grounds for termination of the contract. Management and the enterprise are held accountable. For the former, the fine can reach 5,000 rubles, for the latter – up to 50 thousand rubles. In addition, the activities of the organization - in rare cases - are suspended for up to three months.

In case of repeated serious violations, the size of the sanctions is increased up to the initiation of a criminal case (imprisonment, ban on engaging in certain professional activities, other options).

The status of a father with many children allows him to receive some privileges and social protection. First of all, to save your job. Unjustified dismissal is unacceptable. If the management of an enterprise exerts pressure and forces you to terminate an employment contract, you must contact the labor inspectorate, the prosecutor's office, or the court. The employee has the right to protect his interests and provided benefits by any available means.

Sources

https://narabote.me/uvolnenie/kategorii/s-detmi/mnogodetnogo-otca.html
https://urlaw03.ru/trudovye/article/uvolnenie-mnogodetnogo-otca
https://zakonguru.com/trudovoe/personal/uvolnenie/mnogodetnogo-otca.html
https://trudinspection.ru/alone-article/uvolnenie1/%D1%83%D0%B2%D0%BE%D0%BB%D1%8C%D0%BD%D0%B5%D0%BD%D0%B8 %D0%B5-%D0%BC%D0%BD%D0%BE%D0%B3%D0%BE%D0%B4%D0%B5%D1%82%D0%BD%D1%8B%D1%85- %D0%BE%D1%82%D1%86%D0%BE%D0%B2/
https://trudopravo.ru/prekrashhenie-trudovyh-otnoshenij/poryadok-dejstvij/uvolnenie-mnogodetnogo-otca.html
https://opekarf.ru/mnogodetnym/uvolnenie-ottsa-rabotodatelem
https://lazyduralex.ru/trudovoe-pravo/uvolnenie-mnogodetnogo-otca/

Judicial practice on dismissal of fathers with many children

The benefit of an advantage over employees who do not have the status of having many children is not a panacea. A parent does not have the right to do whatever he wants, to violate labor discipline, and in court to appeal with his position as the sole breadwinner and minor children.

Absenteeism

Citizen K., the father of three children, one child under three years old, provided for his family alone. He worked in the carriage depot in shifts. Once he did not show up for work, citing the fact that it was not his shift and he had to look after the children. Although the shift schedule was drawn up, he signed. He didn’t warn anyone, didn’t ask for time off.

The boss registered absenteeism, imposed a disciplinary sanction, albeit in violation of the procedure, and then the court overturned it. And he fired K.

A lawsuit was filed. The court sided with the boss.

Positive characteristics, small children and a non-working spouse could not convince him. This court decision could only be challenged through an appeal. And partially soften the decision, but employee K. was not reinstated in his position.

Wife on maternity leave

Citizen N. was dismissed from the internal affairs bodies upon reaching the age limit. Although other employees of the same age were retained. At that time, N. had 5 children, including those under three years old. The wife was on maternity leave.

A claim was filed. N. is a father of many children and, as he thought, the only breadwinner in the family; his wife did not work at that time.

But the court did not consider the decree to be a lack of labor relations. And he left the claim without satisfaction.

Staff reduction

Employee M. worked as a janitor; his position was laid off. M. was notified two months in advance, he was offered the position of a cleaner, but he refused, which is certified by his signature.

M. is a father of many children, but his wife worked and was not on maternity leave. The court considered this a sufficient basis and did not satisfy the plaintiff's demands. Since the management had no other work, and M. himself refused the only position offered.

At the same time, the wife worked unofficially. M. didn’t bother to get a certificate from the entertainment center that his wife doesn’t work.

Cases from personal practice show that the status of a father of many children is not a safe-conduct from all troubles and layoffs .

It is important to approach the legal process with full responsibility, if you are planning to file a claim against your employer, listen to specialists, which greatly increases the chances of winning.

Possible reasons

Can a father of 3 or more children be fired for some reason? There are no specific grounds for dismissal of a father with many children, unless they relate to termination of the contract on the initiative of the organization’s management.

Leaving work at your own request (Article 80 of the Labor Code of the Russian Federation) is carried out in accordance with the general procedure , with the submission of an application:

in 2 weeks as a general rule;
1 month if the father of many children is an athlete, coach or is the head of an enterprise;
3 days in advance if he worked under a fixed-term employment contract concluded for 2 months or less.

Termination of employment relations by agreement of the parties (Article 78) implies mutual consent of both the father of many children and his employer. They can agree not only on the timing of dismissal, but also on the payment of severance pay and its amount.

Also, a father with many children can be fired:

due to the expiration of the employment contract, which is notified 3 days in advance;
due to circumstances beyond the control of his will or the will of the employer (permanent incapacity for work based on a medical report, a court verdict implying punishment in the form of imprisonment, etc.).