IS IT POSSIBLE TO RELEASE A PREGNANT WOMAN IN THE LIQUIDATION OF THE ENTERPRISE?
Recently a question from the Client was received to the mobile application “Consultant”: – “Good afternoon. The company employs a pregnant woman. The company is currently not in good times and may have to make a decision to liquidate the company. How to treat a pregnant woman, her release is possible, what payments are provided? ”
According to the Labor Code of Ukraine, namely, in article 184, section 3 provides: the dismissal of pregnant women at the initiative of the owner or an authorized body (hereinafter – the employer) is not allowed, except cases of complete liquidation of the enterprise, institution, organization (hereinafter – the organization), when dismissal with compulsory employment is allowed.
As stipulated above, namely Article 184 of the Labor Code, the dismissal of pregnant women on the initiative of the employer is possible only with the complete liquidation of the enterprise, institution, organization with compulsory employment.
Given the construction of part three of Article 184 of the Labor Code, there is reason to argue that dismissal is possible only in liquidation without succession, when the rights and obligations of the liquidated entity do not transfer to other persons. Otherwise, pregnant women should be employed by a successor organization. It does not matter what the reason for the dismissal from the liquidated organization (in connection with the transfer under article 36, paragraph 36 of the Labor Code), the successor is obliged to take the pregnant woman to work.
Unfortunately, the fulfillment of the obligation of employment of pregnant women by the liquidated enterprise has no legal mechanism for implementation and provision. Therefore, in practice, the employer is either looking for a new job for a pregnant woman or seeking help from employment centers.
Also, for the period of employment for pregnant women, the average salary is maintained, but not more than three months from the date of expiration of the employment contract.
The consultants of this mobile application provided a qualified answer to this question.
Consultant # 1 reported that – “Hello, Part 3, Article 184 of the Labor Code stipulates that the dismissal of pregnant women is not allowed, However, you can release a pregnant woman after the liquidation of the company under the above article, but you have to employ her. Unfortunately, in our country there is, unfortunately, no legal mechanism regulating this procedure, in practice you can look for a job for yourself. But, if the company is liquidated without successors, you can theoretically dismiss it. The same applies to women with children under the age of three. In liquidation and dismissal, you have to pay the person for all the time worked by him from the moment of receipt of the last salary. “
Consultant # 2 replied the following:” The Code of Labor Laws of Ukraine in Part Three of Article 184 establishes: the dismissal of pregnant women at the initiative of the owner or the body authorized by him (hereinafter – the employer) is not allowed, except in cases of complete liquidation of the enterprise, institution, organization when dismissal with compulsory employment is allowed. This provision establishes an absolute prohibition on dismissal of a pregnant woman on the initiative of the employer, but does not make the dismissal impossible at all. Assignment of financial assistance is made on the basis of a disability certificate issued in accordance with the order of the Ministry of Health of Ukraine No. 455 of November 13, 2001. Payment of assistance is made at the place of work (service) at the rate of 100% of the average salary (financial security) and is provided immediately for the entire period of maternity leave. “
Consultant # 3 -” Good afternoon! Pursuant to Article 184 of the Labor Code of Ukraine, the dismissal of pregnant women and women who have children under the age of three (up to six years – part six of Article 179), single mothers in the presence of a child under the age of fourteen or a child with a disability on the initiative of the owner or the body authorized by him is not allowed, except in cases of complete liquidation of the enterprise, institution, organization, when dismissal with compulsory employment is allowed. Compulsory employment of these women is carried out also in cases of their dismissal after termination of a fixed-term employment contract. For the period of employment, the average wage is maintained, but not more than three months from the date of termination of the fixed-term employment contract. Thus, this article provides an opportunity for an employer to fire a pregnant woman in the event of a full liquidation of the company, but with compulsory employment. For more details. ”
Thus, through the Consultant mobile application, the client received legal and professional assistance. The Consultants’ replies set out the basic rules of current legislation governing the release of pregnant women during the liquidation of an enterprise.