Reducing the number of employees or the staff is a procedure that any organization may face. However, the legislation of the Republic of Belarus establishes strict barriers for the protection of the most vulnerable categories of employees. Can a pregnant woman be fired in connection with reduction?

As a general rule, under point 1 of Article 42 of the Labor Code of the Republic of Belarus (Labor Code), the employer indeed has the right to terminate an employment contract with an employee in the event of a reduction in the number of employees or the staff.

But there is an most important exception to this rule. It is not possible to fire a pregnant employee due to a reduction in staff under any circumstances. This prohibition is of an absolute nature.

A lawyer draws attention to the fundamental legal difference between two procedures:

In the case of the liquidation of an organization, the legal entity completely ceases its activities. In this case, the law allows the dismissal of all employees without exception, including pregnant women.

In the case of a reduction in the number of employees or the staff, the organization continues to operate but optimizes its structure. Employment contracts are terminated only with individual persons, and here the law comes to the defense of motherhood.

According to part 3 of Article 268 of the Labor Code of the Republic of Belarus, the employer does not have the right to initiate dismissal due to reduction in relation to the following categories of employees:

• Pregnant women;
• Women with children under 3 years old;
• Single parents raising children under 14 years old;
• Single parents raising disabled children under 18 years old.

If the employer ignores the norms of legislation and attempts to include a pregnant woman in the lists for reduction, this constitutes a direct violation of the law. In such a situation, the employee has the full right to disagree with the management's decision and immediately seek protection of their labor rights through the trade union, the State Labor Inspectorate Department, or in court.