The protection against dismissal previously provided to mothers has been extended to fathers with many children and fathers of disabled children.
The change comes into force from 24 November 2012 and was the result of Ruling of the Constitutional Court of the Russian Federation No. 28-P, dated 15 December 2011, which ruled unconstitutional the articles of the Labor Code that protected only women from dismissal and did not protect men who support families with many children.
The necessary changes to the Labor Code were introduced by Federal Law No. 188-FZ of 12 November 2012 “Amendments to Article 261 of the Russian Labor Code”.
What the Law Says
According to these changes to the Labor Code the termination of an employment agreement with a person who brings up children (a parent or other legal representative) at the initiative of the employer is prohibited in the following cases:
- When the parent (or other representative of a child) is the sole supporter of a disabled child under the age of eighteen;
- When the parent (or other representative of a child) is the sole supporter of a child under the age of three in a family with three or more children.
This protection operates on the condition that the other parent is not employed.
However, the employees mentioned above can be dismissed at the initiative of the employer in cases of liquidation of the organization; repeated failures by the employee to fulfill his/her labor duties without justifiable reasons despite being reprimanded; a single severe violation of his/her labor duties; and on certain other grounds provided by the Labor Code.
Actions to Consider
We recommend our clients:
- to identify if any employees fall into the categories mentioned above;
- to make entries in employees’ personal data cards (form Т-2, section X «Additional comments») on disabled children supported by employees or if the other parent of a child is not employed. Such information can only be obtained from the employee.