Can company management fire a husband when his wife is on maternity leave? Can a husband be laid off if his wife is pregnant? Grounds for dismissal

17.01.2024

In the modern world, anyone can be laid off. Losing a job, unfortunately, is not uncommon. It is now extremely difficult for men to find a new one. But what about those who have a pregnant wife at home, who needs constant care and requires additional funds for it. In this regard, the question arises: can a husband be laid off if his wife is pregnant?

Many women are afraid of being left without finances. And that is why this question is asked on various forums. But, unfortunately, no specialist can say for sure whether they can fire you or not. And even on legal aid websites there is no exact answer. In this connection, we can conclude that the laws in Russia are not unambiguous. It all depends on a number of factors, and even lawyers interpret the law differently. To begin with, there is no law prohibiting the dismissal of a husband who has a pregnant wife. In principle, it does not exist in labor legislation. On the other hand, there is the dependency bill.

The employer can also be understood. After all, he is trying with all his might to keep his business afloat in times of crisis. But you should not allow gross violations to save your possessions. No one has yet canceled human understanding.

No one has the right to lay off a pregnant mother; this is stipulated by the current Labor Code of the Russian Federation. But there is no such bill for my husband. There is only a clause about the presence of dependents.

He stipulates that with equal labor productivity, preference is given to:

Married men who have several dependents (disabled family members who are fully supported by the employee);
Persons who do not have more permanent income workers in their family.

According to the current Family Code, a dependent is the employee's spouse, as well as parents and other relatives. An employee with minor children also has the right to take advantage of this rule, since children are also considered dependents.

A man also has no right to be laid off, since he is the only breadwinner for the family. With this justification, it is necessary to provide birth certificates of the children and the mother’s work record.

This rule applies only if the woman did not work anywhere before giving birth. But if she worked and receives stable maternity payments, then the man will not be able to hold down a job, even taking into account this law. In this case, it would be logical for the man to take parental leave (which is not prohibited by law), and the woman to go to work. Both sides will win here. The spouse will bring income, and the spouse will retain his job.

The only question that remains is what will be the future relationship between the spouse and the employer. After all, employers are often not ready to pay maternity benefits. Especially when it comes to a man’s maternity leave. Bad relationships, unfortunately, are unlikely to be avoided. No bill can prohibit an employer from firing an employee for anything after returning from vacation. And working in such an environment will be difficult and uncomfortable.

The dismissal of an employee while his wife is on maternity leave is especially difficult to cope with.

Indeed, in this happy, but at the same time very exciting period, the family will face considerable expenses, and their income will be significantly reduced.

You can find out whether a husband can be fired if his wife is on maternity leave from this article.

Do they have the right to fire an employee whose wife is on maternity leave? It is well known that the management of an enterprise cannot fire an employee who has gone on maternity leave, unless the enterprise is liquidated.

That is why almost all women are sure that this benefit also applies to the breadwinner of the family.

To their great regret, this is far from the case. The fact is that the husband of a woman on maternity leave is an ordinary employee, which means that he does not enjoy privileges, so he has the right to be laid off on the same basis as any other employee, even if his wife is on maternity leave.

The legislation of the Russian Federation has established a list of reasons why the management of an enterprise can dismiss an employee against his will (according to Article 81 of the Labor Code of the Russian Federation).

The list of citizens who cannot be laid off at the initiative of the employer is contained in Article 261 of the Labor Code of the Russian Federation.

For the application of the above article, the presence of a wife on maternity leave in itself is not a valid reason for the application of privileges and benefits.

Dismissal in 2019 - legislative framework

Article 179 of the Labor Code of the Russian Federation determined the circle of persons who have advantages during reduction. In this case, labor productivity is taken into account first of all.

If it is equal, then the advantages are:

The collective agreement may also indicate other employees who will be able to take advantage of benefits in the event of layoffs. An employee whose spouse is on maternity leave should also familiarize themselves with it.

According to the above list, when staffing is reduced, benefits are provided to employees with two or even more dependents. What is meant by this expression?

The Family Code stipulates that family members without a stable income who need financial assistance should be considered dependents: husband or wife, minor children, father or mother, other relatives.

If an employee has learned about an upcoming layoff, he should provide the commission that deals with this issue with documents that confirm his benefits: for example, his wife’s work record, children’s birth certificates.

A man cannot be fired if he is the only breadwinner in a family with a child under 3 years old or with a child under 18 years old if the latter has a disability group.

This clause of the code applies only if the wife did not have a job before maternity leave.

If the spouse went on maternity leave from work, from where she receives regular payments, then her husband in this case cannot be the only breadwinner in the family, therefore this clause of the Labor Code will not help him in any way when reducing staff.

Of course, even from this situation you can find a very real way out: before dismissal, a man can have time to go on maternity leave. Husbands have this right, and wives will always be able to return to work from maternity leave.

Then, after the spouse goes back to work after maternity leave, they will not be able to fire him for some time until a suitable reason is found.

The disadvantage of this method is that the relationship with the employer will most likely be damaged, so while on maternity leave a man can look for a suitable new job.

The same method can be used if the employment contract ends and there is no prospect of its extension. If an employee is on maternity leave, he cannot be fired, and the contract is automatically extended for 1 year.

If a subordinate has committed a gross violation of his duties at work, then he can be fired, even if the employee has a child under 3 years old (clause 6, article 81 of the Labor Code of the Russian Federation).

In this case, the employer will be able to terminate the employment agreement even with a single father or mother.

So, Article 81 of the Labor Code contains a list of the following offenses:

committing theft, damage or embezzlement of property at the place of work;
presence at the workplace under the influence of alcohol or drugs;
disclosure of secrets that are protected by law;
repeated refusal to perform one's direct duties;
non-compliance with labor safety rules, resulting in serious consequences;
providing falsified documents during recruitment.

In addition to this, dismissal at the initiative of the enterprise management is possible due to absenteeism.

The following cases are non-appearances:

It should be borne in mind that evidence of absence from work for valid reasons can be provided even after missing work.

Let's look at a list of good reasons for this:

participation in a strike;
emergency (hurricane, fire, earthquake);
disease;
the employee’s relative was taken to the hospital;
medical examination.

Based on this, if an employee did not come to work, but then provided a certificate from the hospital or wrote in an explanatory note a valid reason for the delay, then he should not be fired.

If an employee is nevertheless subject to dismissal as a disciplinary measure, then a special procedure must be followed:

If the judicial authority determines that at least one of the above points was not fulfilled, then the employee must be reinstated, and the employer may be charged a certain amount for moral damages in the event of illegal dismissal.

In addition, the Labor Code of the Russian Federation provides for the possibility of terminating an employment contract due to circumstances beyond the control of both parties.

Thus, Article 83 of the Labor Code provides a list of valid reasons:

Thus, an analysis of labor legislation helps to come to the conclusion that the employer has a large list of grounds for terminating an employment contract, while the presence of a spouse who is on maternity leave does not give the employee any benefits or privileges.

Currently, due to the decline in production, many enterprises are optimizing personnel, which inevitably leads to a reduction in workers. Naturally, different categories of employees are subject to layoffs. Many have families, children, and some have pregnant wives who, due to their situation, cannot provide for their family. In this article we will tell you whether a husband can be laid off if his wife is pregnant? Does such an employee have additional guarantees?

What the law says

Men and women are equal in the eyes of the law, they have equal rights, but under certain circumstances, certain categories of workers are provided with additional guarantees. In particular, you cannot lay off a pregnant woman, but you can lay off a man. In this situation, we are not talking about discrimination on the part of the employer, because the future father is not entitled to a number of guarantees that are provided to a pregnant woman by law, therefore, dismissal occurs only for operational reasons.

However, there is an exception to every rule, and accordingly, in such a situation, the future father cannot be reduced in the presence of certain circumstances, which are given in Article 261 of the Labor Code of the Russian Federation.

Article 261 of the Labor Code of the Russian Federation states that a man is not subject to layoffs if he has a disabled child or a young child under three years old in a family with at least three minor children, provided that his wife does not work and the man is the sole breadwinner of the family . In this case, the fact that the wife is pregnant is not important, the main thing is that young children are not harmed.

Also, Article 179 of the Labor Code of the Russian Federation states that when carrying out the reduction procedure, the preemptive right to remain in the previous position is taken into account. That is, to begin with, management considers the qualifications and labor productivity of each released employee of identical positions and, with equal indicators, preference is given to family people, as well as to workers who are the sole breadwinners of the family or who were injured at work at this enterprise.

Of course, it is difficult to imagine that all expectant fathers have pregnant wives who do not work and rest quietly before giving birth. Most women are employed and expect to receive appropriate guarantees, and this fact completely deprives husbands of additional guarantees when they are laid off.

However, we should not forget that the layoff procedure itself is not as simple as it seems at first glance, and workers laid off as a result of layoffs have certain rights and guarantees, in case of violation of which, in court, they can be reinstated in their previous position, as well as receive compensation.

In particular, laid-off employees need to know that the employee must be notified in writing about the proposed layoff two months before the dismissal, indicating in the notice not only the date of dismissal, but also offering other vacant positions at the enterprise, as stated in Article 180 of the Labor Code of the Russian Federation. Moreover, the proposed positions may be lower in qualifications or pay, and also have a different specialization if the employee has the appropriate diploma (Article 81 of the Labor Code of the Russian Federation).

The employee, having received the notification, must familiarize himself with it, sign it, confirming the fact of familiarization, and also indicate whether he agrees to be transferred to another position. If the notice is not served or delivery occurs late, the employee can challenge such dismissal in court, which will entail reinstatement to his previous position.

Some nuances

Based on Article 180 of the Labor Code of the Russian Federation, an employee has the right, after receiving a notice of layoff, to terminate his employment relationship early without waiting two months before dismissal, which involves payment of severance pay in proportion to the remaining working days. However, there is one caveat to such a dismissal.

An employee subject to reduction must indicate in his resignation letter that he agrees with the reduction and, in connection with the current situation, asks to terminate the employment contract early on the basis of Article 180 of the Labor Code of the Russian Federation. This wording is very important, since they can be fired at their own request, depriving the employee of the right to severance pay and the opportunity to register with the Employment Service.

After dismissal, the laid-off employee must register with the employment service within 14 days, which will give him the right to receive severance pay after two months from the date of dismissal, provided that he is never employed.

Upon presentation of a work book without a new employment record, the former employer will be obliged to pay the employee another average monthly salary.

Also, on the basis of Article 140 of the Labor Code of the Russian Federation, the employer is obliged to make a full monetary settlement with the employee on the last working day. This amount includes:

salary since the last payment,
compensation for all days of unused vacation (both main and additional),
severance pay in the amount of average monthly earnings.

If the employee's settlement is not paid on time, both administrative and criminal liability may be applied to the employer.

Yes, the employer has the right to lay off your husband. At the same time, the employer is obliged to offer all available vacant positions, including lower-paid and lower-ranking ones (Article 81 of the Labor Code of the Russian Federation) Art. 261 of the Labor Code of the Russian Federation contains a list of persons who cannot be dismissed during the reduction procedure, and these are: pregnant women, women with children under the age of three, single mothers raising a child under the age of 14 (a disabled child is under 18 years), other persons raising these children without a mother.

Your husband does not fit into any of the categories.

But, according to Art. 179 Labor Code of the Russian Federation. when making redundancies, the employee’s preferential right to the workplace should be taken into account. When reducing the number or staff of employees, the priority right to remain at work is given to employees: - with higher labor productivity and qualifications confirmed by documents (introductions on production standards, quality of work, a diploma of higher professional education in the profile of the position held, orders of gratitude, orders for payment of bonuses for performance indicators); - with equal labor productivity and qualifications, family ones have an advantage - if there are two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is for them a permanent and main source of livelihood) Comment: if you are on parental leave until the child is 3 years old - you are a dependent for your husband. - persons in whose family there are no other workers with independent income; - employees who received a work injury or occupational disease in this organization; — disabled people of the Great Patriotic War and combat operations to defend the Fatherland; — employees who improve their qualifications in the direction of the employer without interruption from work; — other categories of workers provided for by the collective agreement. There are also a number of federal laws that give preferential rights to a workplace for: - citizens discharged from military service and members of their families at work, where they entered for the first time after discharge from military service, as well as single mothers of citizens undergoing military service on conscription ; - authors of inventions; - persons who have suffered radiation sickness and other diseases caused by the consequences of the Chernobyl disaster and associated with radiation exposure. Persons who became disabled as a result of the Chernobyl disaster. Participants in the liquidation of the consequences of the Chernobyl disaster in the exclusion zone in 1986 - 1990. Persons evacuated from the exclusion zone; - persons exposed to radiation as a result of nuclear tests at the Semipalatinsk test site, who received a total (accumulated) effective radiation dose exceeding 25 cSv (rem).

Expert recommendation
If there is a reduction in a position that is occupied by several employees (including your husband), it makes sense to find out whether your husband’s preferential right to the workplace was taken into account.

If we are talking about layoffs, then only the fact that you are on maternity leave does not matter in the case of layoffs. This fact can be considered when determining the preferential right to remain at work during layoffs. As is known, preference is given to workers with higher labor productivity and qualifications. If the employees are equal according to this indicator, then other factors are taken into account, including the presence of dependents, etc. When laying off workers, all vacancies must be offered, taking into account the employee’s qualifications, as well as lower positions. If you are laid off, you can only be transferred to a lower position with the consent of your husband.

The reason you specified cannot be an obstacle to dismissal at the initiative of the employer.

Read also: Dismissal at your own request to care for a child under 14 years of age

In the event that a staff reduction is made at an enterprise, then when determining the advantage of remaining at work, the employer is obliged to take such information into account. And it is in this case, if dismissal follows, that your spouse has the right to challenge the employer’s decision, where to prove that he has an advantage over other employees. Then the legality and validity of the employer’s decision will be checked. You can appeal both to the labor inspectorate and in court.

Can a husband be fired if his wife is pregnant?

and we have a situation, my husband is fired by agreement of the parties, he wanted to leave before, they promise good money for 2 years and as soon as my application is submitted, they tear it into the bucket, and now the situation is terrible, all the bosses have already resigned, he and the local snake-man stayed , 2 credits, you have to pay for the inst, the child is 10 months old, thank God our parents help with food, a pretty penny. So at his job there was a layoff, they thought he would fall under it, but he was upset (they would have paid normally). Now they seem to have said that the only breadwinner will be paid more. That’s it. And by the way, the conditions for him were specially made by the local bitches of the employee. He worked, since he feeds his family alone

girls, I understand that you can’t talk to your husband like that, but I don’t rely on him... I need to rely on myself in everything. empty even in words. he was like that before. but apparently it didn’t matter to me. and now I can’t... I can’t stay without money and I can’t stop worrying. and this had already begun before pregnancy. It's all on myself)) so I'll go to the authorities. you just need to think about how..

According to Art. 179 of the Labor Code of the Russian Federation, when the number or staff of employees is reduced, the preferential right to remain at work is given to employees with higher labor productivity and qualifications.

With equal labor productivity and qualifications, preference in remaining at work is given to: family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is their constant and main source of livelihood); persons in whose family there are no other workers with independent income.

But since qualifications still come first, and it is quite difficult to prove that your husband has higher qualifications, they will most likely be laid off.

one organization. more precisely an institution. We work side by side. Everyone knows me. That’s why everyone was talking about the reduction, but mine was probably not mentioned to me. I’m just sitting there kind of confused and angry... out of some kind of hopelessness, I deliberately worked hard and didn’t quarrel with anyone so as not to spoil the relationship and as long as possible. and my mattress... the further you go, the worse it gets... everywhere you have to rely on yourself... and here... herax... and a setup.

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Can a husband be laid off from work if his wife is on maternity leave?

Hello Anna! Such an employee can still be laid off.

Because when laying off workers, the employer has the right to keep at work the employee whose labor productivity is higher. Or the employee who has higher qualifications. Provided that the labor productivity and qualifications of, for example, two workers are the same, preference for layoffs may be given to a family man if he has two or more dependents. That is, disabled family members who are fully supported by the employee or receive material assistance from him (for example, alimony), which is their main and constant source of life. Also, persons whose family no longer has other employees with independent earnings have a preferential right to remain at work during layoffs.

In addition, they do not have the right to be laid off if a person was injured or injured while working at this enterprise.

It is also important to know your collective agreement, since it may well provide for some other categories of workers with a preferential right to remain at work, all other things being equal.

Therefore, analyze everything and think about whether, perhaps, in your case you can challenge the decision to make redundancies based on one or more criteria. To be on the safe side, you can seek advice from a lawyer, informing the specialist about all the issues that may be useful in solving this problem.

Hello. We are currently experiencing massive layoffs at work due to a decrease in orders. This happens to us almost every year. I fall under this abbreviation. Tell me, can I be laid off if my wife is on maternity leave for up to 3 years with her first child?

Article 179. Preferential right to remain at work in the event of a reduction in the number or staff of employees

When the number or staff of employees is reduced, priority right to remain at work is given to employees with higher labor productivity and qualifications.