
Can an employer leave a parent with many children unemployed? It turns out that firing an employee who is raising three or more children is not always as simple as it seems to the employer. The law provides restrictions on terminating an employment contract and additional guarantees for parents.
We examine with lawyer Vladislav Filistovich in which cases the dismissal of a parent with many children is unlawful, what employment guarantees and benefits are owed to them, and how to protect their rights if the employer forces them to leave of their own accord.
When does an employer not have the right to dismiss parents of three children?
The lawyer explained that having three or more minor children under one's care gives the employee certain guarantees provided for by labor legislation.
However, the fact of raising three or more children does not preclude dismissal for any reason. The legality of a particular decision is determined in light of the relevant provisions of the Labor Code and the factual circumstances.
It is prohibited to deny women a labor contract or reduce their wages on grounds related to pregnancy or having children under three years old, and to deny single parents on grounds of having children under fourteen years old (children with disabilities up to eighteen years old) (Part 1, Article 368 of the Labor Code).
According to Part 3, Article 368 of the Labor Code, termination of an employment contract by the employer is not allowed:
For example, according to Article 265 of the Labor Code, upon a written request from a mother (stepmother), father (stepfather), guardian, or custodian, an employee is granted one additional day off per week, paid at the rate of the average daily wage. In the cases specified by law, upon agreement with the employer, instead of that day the workday (shift) may be shortened by one hour while maintaining pay, said the lawyer in an interview.
In addition, a person raising two or more children under the age of sixteen is entitled, upon his request, to one additional day off per month.
There are cases when the employer exerts pressure on an employee or attempts to dismiss them without legal grounds, including if the employee belongs to a category of persons for whom dismissal at the employer's initiative is prohibited, the specialist emphasized.
In such situations, the employer may not officially announce the dismissal, yet still exert pressure:
In that case, one should not submit a resignation letter voluntarily merely because the employer demands it, explained the expert.
An employee cannot be forced to resign voluntarily – the lawyer recounted how to protect one's rights.
Resignation by the employee presupposes the employee's own will. If a person does not wish to resign, he is not obliged to submit such a letter solely at the